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HomeMy WebLinkAboutZA2025-061 - APPROVING A COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING SINGLE-UNIT DWELLING AND CONSTRUCT A NEW TWO-STORY SINGLE-UNIT DWELLING AND ATTACHED TWO CAR GARAGE LOCATED AT 836 VIA LIDO NORD (PA2025-0089)RESOLUTION NO. ZA2025-061 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 TWO-STORY SINGLE-UNIT DWELLING AND ATTACHED TWO CAR GARAGE LOCATED AT 836 VIA LIDO NORD (PA2025-0089) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Gavin Friehauf of Brandon Architects (Applicant) on behalf of Anne Foreman (Owner) with respect to property located at 836 Via Lido Nord, and legally described as Lot 340 of Tract 907, requesting approval of a coastal development permit. 2. The Applicant requests a coastal development permit (CDP) to allow the demolition of an existing 4,418 square-foot, two-story, single-unit dwelling and the construction of a new 3,886 square-foot, two-story, single-unit dwelling with an attached 513 square-foot, attached, two-car garage. The project includes landscape, hardscape, drainage, and accessory structures. The project also includes reinforcing the existing bulkhead with adaptability for future sea level rise. The project complies with all development standards and no deviations are requested. All improvements authorized by this CDP will be located on private property. 3. The subject property is categorized 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 (CLUP) category is Single Unit Residential Detached (RSD-C) - (10.0 – 19.9 DU/AC) and it is located within the Single-Unit Residential (R-1) Coastal Zoning District. 5. A public hearing was held on October 16, 2025, online via Zoom. A notice of time, place and purpose of the hearing was given in accordance with 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. Zoning Administrator Resolution No. ZA2025-061 Page 2 of 11 2. Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made to the exterior of the structures. Class 3 also exempts the demolition of up to three single-unit dwellings and additions of up to 10,000 square feet to existing structures and allows the construction or conversion of up to three single-unit dwellings. In this case, the Project consists of the demolition of an existing 4,418 square- foot, two-story, single-unit dwelling and the construction of a new 3,886 square-foot, two-story, single-unit dwelling and an attached 513 square-foot two-car garage. 3. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The Project 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. Facts in Support of Finding: 1. The proposed development complies with applicable residential development standards including, but not limited to, floor area limitation, setbacks, height, and parking. a. The maximum floor area limitation is 5,176 square feet and the proposed floor area is 4,202 square feet including the attached 513 square-foot garage. b. The Project provides the minimum required setbacks, which are four feet from the front property line adjacent to the street, three feet from each side’s property line, and 10 feet from the second front property line abutting the Bay. c. The highest guardrail is less than 24 feet from established grade (26.81 feet per the North American Vertical Datum of 1988 (NAVD 88) and the highest ridge is no more than 29 feet from established grade, which complies with the maximum height requirements. d. The Project provides a two-car garage, meeting the minimum two-car garage requirement for a single-family residence with less than 4,000 square feet of habitable floor area. Zoning Administrator Resolution No. ZA2025-061 Page 3 of 11 e. The proposed lowest finished floor elevation of the new residence is 12.54 feet NAVD 88, which complies with the minimum 9.0-foot top of slab elevation requirement for interior living areas of new structures. 2. The neighborhood is predominantly developed with two-story single-unit dwellings. The proposed design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development. 3. The development fronts the bay and is protected by a bulkhead. A bulkhead conditions report was prepared by PMA Consulting, Inc. dated April 28, 2025. The report concluded that the bulkhead is in generally good condition with minor cracks, but no noticeable evidence of distress. The conditions report asserts that the bulkhead is required to protect the principal structure and with the proposed maintenance of the bulkhead, it is reasonable to assume that the bulkhead will last another 75 years. 4. A Coastal Hazards Report and Sea Level Rise Analysis was prepared for the Project by PMA Consulting, Inc. dated April 28, 2025. The current maximum bay water elevation is 7.7 feet NAVD 88 and may exceed the existing top of bulkhead elevation of 12.09 feet 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 3.20 feet, resulting in a projected water elevation of 10.9 feet NAVD 88. However, based on the latest adopted Sea Level Rise Guidance: 2024 Update provided by the State of California, the sea level is estimated to reach approximately 12.6 feet NAVD 88 (the likely range for sea level rise over 75-year design life of the structure based on intermediate-high risk aversion estimates). The existing bulkhead shall be maintained to ensure that flooding, wave runup, and erosion will not significantly impact this property over the proposed 75-year economic life of the development. Additionally, the bulkhead shall be constructed to be adaptable to an elevation of 14.4 feet NAVD 88 to protect the Project as necessary. 5. 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 bulkhead 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 proposes to remove and replace the concrete deck on top of the bulkhead to be rebuilt at 12.09 NAVD 88 with a design for adaptability elevation of 14.4 NAVD 88 in compliance with the City of Newport Beach waterfront Project Design Guidelines and Standards. 6. The finish floor elevation of the proposed single-unit dwelling is at a minimum elevation of 12.54 feet NAVD 88, which complies with the minimum 9.0-foot NAVD 88 elevation standard. 7. The property is in an area known for the potential of seismic activity and liquefaction. All projects are required to comply with the California Building Code (CBC) and Building Division standards and policies. Geotechnical investigations specifically addressing liquefaction are required to be reviewed and approved prior to the issuance of a building permit. Permit issuance is also contingent on the inclusion of design mitigation identified in Zoning Administrator Resolution No. ZA2025-061 Page 4 of 11 the investigations. Construction plans are reviewed for compliance with approved investigations and CBC prior to building permit issuance. 8. Pursuant to NBMC Section 21.30.030(C)(3)(i)(iv) - (Natural Landform and Shoreline Protection), the Owner will be required to enter into an agreement 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 recorded prior to a final building inspection. 9. 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) – (Waterfront Development - Development Standards). The Acknowledgement of Coastal Hazards is included as a condition of approval that will need to be recorded prior to the issuance of building permits. 10. The property is located adjacent to coastal waters. Pursuant to Section 21.35.030 (Construction Pollution Prevention Plan) of the NBMC, 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. 11. Pursuant to NBMC Section 21.35.050 (Water Quality and Hydrology Plan), due to the proximity of the development to the shoreline and the development containing more than 75 % of impervious surface area, a preliminary Water Quality Management Plan (WQMP) is required. The preliminary WQMP was prepared by Toal Engineering, Inc. dated April 11, 2025. The WQMP includes a polluted runoff and hydrologic site characterization, a sizing standard for BMPs, use of an 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 prior to building permit issuance. 12. Proposed landscaping complies with Section 21.30.075 (Landscaping) of the NBMC. Condition of approval no. 9 is included that requires drought-tolerant species. Before the issuance of building permits, the final landscape plans will be reviewed to verify invasive species are not planted. 13. The project site is not located adjacent to a coastal view road, public access way, or Coastal Viewpoint as identified in the CLUP. The nearest coastal viewpoint is from Castaways Park, approximately 2,900 feet northeast of the property. Similarly, the nearest coastal view road segments are located along West Coast Highway. These areas offer views of the bay with the Pacific Ocean beyond. Properties along the northern side of Lido Isle are within the general viewshed of these areas. 14. The Project will replace an existing single-unit dwelling with a new single-dwelling unit that complies with all applicable development standards and is consistent with the existing neighborhood pattern of development. The Project presents the opportunity to enhance Zoning Administrator Resolution No. ZA2025-061 Page 5 of 11 views by updating a structure built in 2001 with a new building and updated design. Glass elements and masonry proposed for the front and rear elevations indicate a high-quality design. The Property fronts the bay and can be viewed from the water. All structures within the front setback area along the bay are limited to 42 inches in height, ensuring that the bay does not appear to be walled off. The Project will not affect existing views afforded from the identified viewing areas and does not have the potential to degrade the visual quality of the coastal zone or result in significant adverse impacts to public views. Finding: B. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. Facts in Support of Finding: 1. The project site is located between the nearest public road and the sea or shoreline. Section 21.30A.040 (Determination of Public Access/Recreation Impacts) of the NBMC requires that the provision of public access bear a reasonable relationship between the requirement, the project’s impact, and be proportional to the impact. In this case, the project includes the demolition of a single-unit dwelling and the reconstruction of a single- unit dwelling on an R-1 zoned lot. Therefore, the project does not involve a change in land use, density or intensity that will result in increased demand on public access and recreation opportunities. Furthermore, the project is designed and sited (appropriate height, setbacks, etc.) so as not to block or impede existing public access opportunities. 2. Coastal access is currently provided and will continue to be provided by Lido Isle Community Association parks around the outer perimeter of Lido Island. The parks grant pedestrians bay views. The nearest coastal access is less than 230 feet west of the property, via the Lido Isle Community Association Park at the street end of Via Waziers. The project would not impact coastal access opportunities. 3. While Via Lido Nord is the first public road paralleling the sea and the project site is located between Via Lido Nord and the bay, the project will not affect the public’s ability to gain access to, use, and/or view the coast and nearby recreational facilities. 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 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. Zoning Administrator Resolution No. ZA2025-061 Page 6 of 11 2. The Zoning Administrator of the City of Newport Beach hereby approves the Coastal Development Permit (PA2025-0089), subject to the conditions set forth 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 in accordance with the provisions of Title 21 Local Coastal Implementation Plan of the NBMC. 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 16TH DAY OF OCTOBER, 2025. Zoning Administrator Resolution No. ZA2025-061 Page 7 of 11 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) 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 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 and assigns. 3. Prior to a final building permit inspection, the existing seawall shall be reinforced and capped to 12.09 feet (NAVD88) and capable to be raised up to 14.4 feet (NAVD88), in compliance with the City of Newport Beach Waterfront Project Guidelines and Standards, Harbor Design Criteria Commercial & Residential Facilities. 4. 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 City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all 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 development. The letter shall be scanned into the plan set prior to building permit issuance. 5. 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. 6. Prior to the issuance of a building permit, the applicant shall submit a final construction erosion control plan. The plan shall be subject to the review and approval by the Building Division. 7. Prior to the issuance of a building permit, the applicant shall submit a final drainage and grading plan. The plan shall be subject to the review and approval by the Building Division. 8. Prior to the 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. Zoning Administrator Resolution No. ZA2025-061 Page 8 of 11 9. 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. 10. Prior to issuance of a building permit, the final WQHP/WQMP shall be reviewed and approved by the Building Division. Implementation shall comply with the approved CPPP and WQHP/WQMP and any changes could require separate review and approval by the Building Division. 11. This approval does not authorize any new or existing improvements (including landscaping) on California Coastal Permit Jurisdiction, State tidelands, public beaches, or the public right-of-way. Any improvements located on tidelands, submerged lands, and/or lands that may be subject to the public trust shall require a coastal development permit (CDP) approved by the California Coastal Commission (CCC). Before the issuance of building permits, the applicant shall provide a copy of said CDP or CDP waiver or documentation from the CCC that subject improvements are not subject to the permit requirements of the Coastal Act and/or not located within the permit jurisdiction of the CCC. 12. No demolition or construction materials, equipment debris, or waste, shall be placed or stored in a location that would enter sensitive habitat, receiving waters, or a storm drain or result in impacts to environmentally sensitive habitat areas, streams, the beach, wetlands or their buffers. No demolition or construction materials shall be stored on public property. 13. This coastal development permit does not authorize any development seaward of the private property. 14. The applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA). In compliance with the MBTA, grading, brush removal, building demolition, tree trimming, and similar construction activities shall occur between August 16 and January 31, outside of the peak nesting period. If such activities must occur inside the peak nesting season from February 1 to August 15, compliance with the following is required to prevent the taking of Native Birds pursuant to 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 (1) or two (2) short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active. Zoning Administrator Resolution No. ZA2025-061 Page 9 of 11 15. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall be implemented before and throughout the duration of construction activity as designated in the Construction Erosion Control Plan. 16. The discharge of any hazardous materials into storm sewer systems or receiving waters shall be prohibited. Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. A designated fueling and vehicle maintenance area with appropriate berms and protection to prevent spillage shall be provided as far away from storm drain systems or receiving waters as possible. 17. Debris from demolition shall be removed from work areas each day and removed from the project site within 24 hours of the completion of the project. Stock-piles and construction materials shall be covered, enclosed on all sites, not stored in contact with the soil, and located as far away as possible from drain inlets and any waterway. 18. Trash and debris shall be disposed in proper trash and recycling receptacles at the end of each construction day. Solid waste, including excess concrete, shall be disposed in adequate disposal facilities at a legal disposal site or recycled at a recycling facility. 19. Revisions to the approved plans may require an amendment to this coastal development permit or the processing of a new coastal development permit. 20. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 21. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Coastal Development Permit. 22. This coastal development permit may be modified or revoked by the Zoning Administrator if determined that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 23. All landscape materials and irrigation systems shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing, and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 24. Construction activities shall comply with Section 10.28.040 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. Zoning Administrator Resolution No. ZA2025-061 Page 10 of 11 25. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 (Community Noise Control) of the NBMC and other applicable noise control requirements of the NBMC. 26. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner, or the leasing agent. 27. This coastal development permit shall expire unless exercised within 24 months from the date of approval as specified in Section 21.54.060 (Time Limits and Extensions) of the NBMC, unless an extension is otherwise granted. 28. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all 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 Foreman Residence including, but not limited to, Coastal Development Permit (PA2025-0089). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Fire Department 29. The proposed single-unit dwelling shall be equipped with an automatic fire sprinkler system per Fire Department requirements. 30. At least one unobstructed walkway with a minimum 36-inch width shall be provided from the front to the back of the property for emergency access. Building Division 31. In no case shall the top of slab elevation be below 9.0 feet NAVD88. 32. The bottom of flood vent openings must be within 1 ft. of the adjacent exterior grade. 33. The top of flood vent openings shall be below the Design Flood Elevation. 34. All exterior wood stairs shall be supported over concrete curbs with a top of curb one foot above the Base Flood Elevation. Zoning Administrator Resolution No. ZA2025-061 Page 11 of 11 Public Works 35. No encroachments shall be permitted within the four-foot-wide utility easement, including but not limited to foundations and roof overhangs.