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HomeMy WebLinkAbout05_Shaoulian East Ocean Front Residence Coastal Development Permit_PA2017-204CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT September 13, 2018 Agenda Item No. 5 SUBJECT: Shaoulian East Ocean Front Residence (PA2017-204) Coastal Development Permit No. CD2017-089 SITE LOCATION: 918 East Ocean Front APPLICANT: Brion Jeannette Architecture OWNER: Emanuel Shaoulian PLANNER: Jaime Murillo, Senior Planner 949-644-3209., jmurillo@newportbeachca.gov LAND USE AND ZONING General Plan: RT (Two-Unit Residential) Zoning District: R-2 (Two-Family Residential) Coastal Land Use Category: Two-Unit Residential Detached – (20.0-29.9 DU/AC) (RT-D) Coastal Zoning District: R-2 (Two-Unit Residential) PROJECT SUMMARY A coastal development permit (CDP) to allow the demolition of an existing one-story, single-unit dwelling and construction of a new 3-story, 3,379-square-foot single-unit dwelling (including 1,069-square-foot basement) and 382-square-foot two-car garage. The property does not currently have vehicular access to an improved alley or street; therefore, until such time an alley is constructed along the rear of the lot, temporary vehicular access is proposed to East Balboa Blvd via an access road across the lot to the north (921 East Balboa Boulevard). The existing single-family residence located at 921 East Balboa Blvd is proposed to be demolished as part of a separate Coastal Development Permit (CD2017-088). 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); and 3)Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development Permit No. CD2017-089 (Attachment No. ZA 1). 1 DISCUSSION Land Use and Development Standards  The subject property is located in the R-2 Coastal Zoning District, which provides for two-unit and 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.  Unlike other blocks between East Balboa Blvd and East Ocean Front, the Block between “A” and “B” Streets did not include public alley access as part of the original subdivision; therefore, the lots fronting East Ocean Front did not have vehicular access since East Ocean Front was never improved as a public street. In order to solve this problem, in 1971, the City began planning for a 20-foot-wide alley between “A” and “B” Streets by requiring dedications from affected property owners as a condition of redevelopment. Because of the alignment of existing utility easements and their relationship to the requested alley, the alley alignment established by the City utilized the rear 15 feet of the East Ocean Front lots and the rear 5 feet of the East Balboa Boulevard lots. The first dedications and alley improvements occurred in 1971, at the west end of the block in conjunction with redevelopment of those lots. Due to the fragmented redevelopment of lots on the east side of block, the alley remains unimproved until the City can secure the remaining alley dedications.  As a condition of approval, the property owner will be required to dedicate the rear 15 feet of the property to the City for alley purposes.  The property currently consists of one legal lot developed with a single-family residence. The neighborhood is predominantly developed with two- and three- story, single-unit and two-unit residences. The property to the east is similarly developed with single-family residence with vehicular access taken via a driveway developed on the 923 East Balboa Boulevard property to the rear.  Until the City can acquire the necessary dedications to complete the alley connecting “A” Street to “B” Street, vehicular access to the dwelling will be provided to East Balboa Boulevard via a vehicular access easement across the property to the rear located at 921 East Balboa Boulevard. The easement will be required to maintain vehicular access to 918 East Ocean Front, until such time the alley is constructed.  The proposed single-unit dwelling and accessory structures conform to all applicable development standards, including floor area limit, setbacks, height, and off-street parking as evidenced by the project plans and illustrated in Table 1 below. 2 Table 1 – Development Standards Development Standard Standard Proposed Setbacks (min.) Front 6 feet 6 feet Sides 3 feet 3 feet Rear (1) 0 feet 0 feet Allowable Floor Area (max.) 2,760 square feet 2,692 square feet (excluding basement)(2) Allowable 3rd Floor Area (max.) 276 square feet 275 square feet Open Space (min.) 207 square feet 208.9 square feet Parking (min.) 2-car garage 2-car garage Height (max.) 24 feet flat roof 29 feet sloped roof 24 feet flat roof 29 feet sloped roof (1) Zero rear setback required adjacent to future 20-foot-wide alley. (2) The floor area of a subterranean basement is not included in the calculation of total gross floor area pursuant to NBMC Section 21.18.030.  The proposed three story design and partially covered roof deck results in bulk and scale of the development that is consistent with the existing neighborhood pattern of development and expected future development consistent with applicable development standards. Hazards  The subject property fronts the Pacific Ocean, but is separated from the shoreline by a very wide sandy beach and public park (approximately 550-foot separation). The project site is not protected by a bulkhead.  The finish floor elevation of the proposed dwelling is 12.66 feet based on the North American Vertical Datum of 1988 (NAVD88), which exceeds the minimum 9.0-foot (NAVD88) elevation standard for new structures. A Coastal Hazard Report and Wave Runup Study prepared by GeoSoils, Inc., dated September 22, 2017 indicates a likely sea level rise projection of between 1.8 and 3.3 feet over the next 75 years resulting in a future water elevation of between 9.3 feet and 10.8 feet (NAVD). The report concludes it is very unlikely that any type of wave will reach the site even considering a 3.3-foot sea level rise and that the proposed project is reasonably safe from the shoreline erosion due to lack of wave or wakes that can erode sand from the beach. Overall, the analysis concludes that the proposed project will be safe from flooding hazards for the next 75 years. Furthermore, the report concluded that due to the distance of the property from t he current mean high tide line (approximately 550 feet) that it is unlikely that the mean high tide line will reach the property within the next 75 years.  Pursuant to NBMC Section 21.30.030(C)(3)(i)(iv), the property 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 3 or destruction by coastal hazards (e.g., waves, erosion, and sea level rise). 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). Both requirements are included as conditions of approval that will need to be satisfied prior to the issuance of building permits for construction.  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 a building permit. Permit issuance is also contingent on the inclusion of design mitigation identified in the investigations. Construction plans are reviewed for compliance with approved investigations and CBC prior to building permit issuance. Water Quality  The project is designed to utilize a Secant Pile system to construct the subterranean basement that eliminates the need for dewatering and discharge across the beach.  The development is set back approximately 300 feet from coastal waters. Due to the large distance, a Water Quality Management Plan is not required. A post- construction drainage system will be installed that includes drainage and percolation features designed to retain dry weather and minor rain run-off on-site to ensure the project does not impact water quality. Any water not retained on-site is directed to the City’s storm drain system. Public Access  The project site is located between the nearest public road and the sea or shoreline; however, the project will not affect the public’s ability to gain access to, use, and/or view the coast and nearby recreational facilities. Vertical access to the bay front and beach front is available approximately 120 feet east of the site at the intersection of East Ocean Front and “B” Street, and also 264 feet to the west of the site at the intersection of East Ocean Front and “A” Street. Public beachfront parking lots exist at the street ends between “B” Street and Adams Street.  Lateral access and views of the ocean are also available along an existing 6-foot- wide public sidewalk in front of the project site. The existing encroachment of a patio slab and perimeter walls to the inland edge of the Ocean Front Boardwalk are consistent with the City’s Oceanfront Encroachment Policy Guidelines of the Local Coastal Program and will not impede public access along the sidewalk. 4  The project will necessitate a new curb cut on East Balboa Boulevard in order to provide vehicular access to the site, resulting in the temporary loss of on-street public parking. However, upon the implementation of Phase 2 of Coastal Development Permit No. CD2017-088 and construction of the alley, the property owner will be required to close the curb cut consistent with Municipal Code Section 21.40.070.C.  The project site is located adjacent to Peninsula Park, a designated public viewpoint, as identified in the Coastal Land Use Plan due to the views of the ocean looking south. Due to the location of the project near this protected public view, an initial evaluation of the potential impact to the view shed or the scenic and visual qualities of the coastal zone was conducted pursuant to Municipal Code Section 21.30.100. Expansive views of the Balboa Pier, Pacific Ocean, and public beach are afforded from the public sidewalk along East Ocean Front and Peninsula Park. However, the subject property is located landward of the public vantage points and not between public vantage points and these view features. Therefore, the project will not impact existing, nor provide an opportunity to enhance, public views along these vantage points.  The project will replace an existing single-unit residence with a new single-unit residence that complies with all applicable Local Coastal Program (LCP) development standards and maintains a building envelope consistent with the existing and anticipated future neighborhood pattern of development. Therefore, the project does not have the potential to degrade the visual quality of the Coastal Zone. 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. Class 3 exempts the demolition of up to three single-family residences and additions of up to 10,000 square feet to existing structures. The proposed project consists of the demolition of one single -family residence and the construction of a new 3,379-square-foot single-family dwelling and 382- square-foot two-car garage. 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. 5 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: Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Project Plans 6 Attachment No. ZA 1 Draft Resolution 7 RESOLUTION NO. ZA2018-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2017-089 TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE AND ATTACHED 2-CAR GARAGE LOCATED AT 918 EAST OCEAN FRONT (PA2017-204) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Brion Jeannette Architecture, with respect to property located at 918 East Ocean Front, requesting approval of a coastal development permit. 2. The lot at 918 East Ocean Front is legally described as Lot 24, Block 14, Tract Balboa Tract. 3. The applicant proposes the demolition of an existing one-story single-family residence and construction of a new 3-story, 3,379-square-foot single-family dwelling (including 1,069- square-foot basement) and 382-square-foot two-car garage. 4. The subject property is designated RT (Two-Unit Residential) by the General Plan Land Use Element and is located within the R-2 (Two-Family Residential) Zoning District. 5. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Two-Unit Residential Detached (RT-D) and it is located within the R2 (Two- Unit Residential) Coastal Zone District. 6. A public hearing was held on September 13, 2018, in the Corona del Mar Conference Room (Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code. 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. Class 3 exempts the demolition of up to three single-family residences and additions of up to 10,000 square feet to existing structures. The propo sed project consists of the demolition of one single-family residence and the construction of a new 3,379-square- foot single-family dwelling and 382-square-foot two-car garage. 8 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 r esources 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 (Coastal Development Permits, Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The proposed development complies with applicable residential development standards including, but not limited to, floor area limitation, setbacks, height, and parking. a. The maximum floor area limitation is 2,760 square feet and the proposed floor area is 2,692 square feet (excluding 1,069-square-foot subterranean basement). The floor area of a subterranean basement is not included in the calculation of total gross floor area pursuant to Newport Beach Municipal Code (NBMC) Section 21.18.030. b. The proposed development provides the minimum required setbacks, which are 9 feet along the front property line abutting East Ocean Front, 3 feet along each side property line and 0 feet along the rear property line abutting the future 20-foot-wide alley. c. The highest guardrail is less than 24 feet from established grade (9.00 feet NAVD88) and the highest ridge is no more than 29 feet from established grade, which comply with the maximum height requirements. d. The project includes garage parking for a tota l of two vehicles, complying with the minimum two-car garage parking requirement for single-family residences with less than 4,000 square feet of habitable floor area . e. Until the City can acquire the necessary dedications to complete the alley connecting “A” Street to “B” Street, vehicular access to the dwelling will be provided to East Balboa Boulevard via a vehicular access easement across the property to the rear located at 921 East Balboa Boulevard. The easement will be required to maintain vehicular access to 918 East Ocean Front, until such time the alley is constructed. 9 2. The property currently consists of one legal lot developed with a single-family residence. The neighborhood is predominantly developed with two- and three-story, single-unit and two-unit residences. The property to the east is similarly developed with single - family residence with vehicular access taken via a driveway developed on the 923 East Balboa Boulevard property to the rear. 3. The proposed three story design and partially covered roof deck results in bulk and scale of the development that is consistent with the existing neighborhood pattern of development and expected future development consistent with applicable development standards. 4. As a condition of approval, the property owner will be required to dedicate the rear 15 feet of the property to the City for alley purposes. 5. The subject property fronts the Pacific Ocean, but is separated from the shoreline by a very wide sandy beach and public park (approximately 550-foot separation). The project site is not protected by a bulkhead. 6. The finish floor elevation of the proposed dwelling is 12.66 feet based on the North American Vertical Datum of 1988 (NAVD88), which exceeds the minimum 9.0-foot (NAVD88) elevation standard for new structures. A Coastal Hazard Report and Wave Runup Study prepared by GeoSoils, Inc., dated September 22, 2017 , indicates a likely sea level rise projection of between 1.8 and 3.3 feet over the next 75 years, resulting in a future water elevation of between 9.3 feet and 10.8 feet (NAVD). The report concludes it is very unlikely that any type of wave will reach the site even considering a 3.3 -foot sea level rise and that the proposed project is reasonably safe from the shoreline erosion due to lack of wave or wakes that can erode sand from the beach. Overall, the analysis concludes that the proposed project will be safe from flooding hazards for the next 75 years. Furthermore, the report concluded that due to the distance of the property from the current mean high tide line (approximately 550 feet) that it is unlikely that the mean high tide line will reach the property within the next 75 years. 7. Pursuant to NBMC Section 21.30.030(C)(3)(i)(iv), the property 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 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). Both requirements are included as conditions of approval that will need to be satisfied prior to the issuance of building permits for construction. 8. 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 CBC prior to building permit issuance. 10 9. The project is designed to utilize a Secant Pile system to construct the subterranean basement that eliminates the need for dewatering and discharge across the beach. 10. The development is set back approximately 300 feet from coastal waters. Due to the large distance, a Water Quality Management Plan is not required. A post-construction drainage system will be installed that includes drainage and percolation features designed to retain dry weather and minor rain run-off on-site to ensure the project does not impact water quality. Any water not retained on-site is directed to the City’s storm drain system. 11. Proposed landscaping complies with Implementation Plan Section 21.30.075. A condition of approval is included that requires drought-tolerant species. Prior to issuance of building permits, the final landscape plans will be reviewed to verify invasive species are not planted Finding: B. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone . Fact in Support of Finding: 1. The project site is located between the nearest public road and the sea or shoreline; however, the project will not affect the public’s ability to gain access to, use, and/or view the coast and nearby recreational facilities. Vertical access to the bay front and beachfront is available approximately 120 feet east of the site at the intersection of East Ocean Front and “B” Street, and also 264 feet to the west of the site at the intersection of East Ocean Front and “A” Street. Public beach front parking lots exist at the street ends between “B” Street and Adams Street. 2. Lateral access and views of the ocean are also available along an existing 6-foot-wide public sidewalk (Ocean Front Boardwalk) in front of the project site. The existing encroachment of a patio slab and perimeter walls to the inland edge of the Ocean Front Boardwalk are consistent with the City’s Oceanfront Encroachment Policy Guidelines of the Local Coastal Program and will not impede public access along the sidewalk. 3. The project will necessitate a new curb cut on East Balboa Boulevard in order to provide vehicular access to the site, resulting in the temporary loss of on-street public parking. However, upon the implementation of Phase 2 of Coastal Development Permit No. CD2017-088 and construction of the alley, the property owner will be required to close the curb cut consistent with Municipal Code Section 21.40.070.C. 4. The project site is located adjacent to Peninsula Park, a designated public viewpoint, as identified in the Coastal Land Use Plan due to the views of the ocean looking south. Due to the location of the project near this protected public view, an initial evaluation of the potential impact to the view shed or the scenic and visual qualities of the coastal zone was conducted pursuant to Municipal Code Section 21.30.100 . Expansive views of the Balboa Pier, Pacific Ocean, and public beach are afforded from the public sidewalk along 11 East Ocean Front and Peninsula Park. However, the subject property is located landward of the public vantage points and not between public vantage points and these view features. Therefore, the project will not impact existing, nor provide an opportunity to enhance, public views along these vantage points. 5. The project will replace an existing single-unit residence with a new single-unit residence that complies with all applicable Local Coastal Program (LCP) development standards and maintains a building envelope consistent with the existing and anticipated future neighborhood pattern of development. Therefore, the project does not have the potential to degrade the visual quality of the Coastal Zone. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2017-089, subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. 2. 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 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. PASSED, APPROVED, AND ADOPTED THIS 13TH DAY OF SEPTEMBER, 2018. _____________________________________ Patrick J. Alford, Zoning Administrator 12 EXHIBIT “A” CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. The basement construction shall utilize a Secant Pile system, as illustrated on approved plans, eliminating the need for dewatering. No dewatering to the public right-of-way, park, or beach area is permitted. 3. Prior to the issuance of a building permit, a 15-foot-wide dedication for alley and utility purposes shall be granted to the City along the rear property line. 4. Prior to the issuance of a building permit, a private ingress/egress easement shall be granted on 921 East Balboa Boulevard property for the benefit of 918 East Ocean Boulevard. The easement shall terminate upon the completion of an alley connection to either “A” Street or “B” Street that provides adequate vehicular access to 918 East Ocean Front and the driveway approach in front of 921 East Balboa Boulevard shall be abandoned and plugged per City Standards. 5. A 20-foot-wide alley segment shall be constructed at the rear of 918 East Ocean Front and 921 East Balboa Boulevard per City Standard STD-141-L. 6. Prior to final inspection and occupancy of 918 East Ocean Front, the property at 921 East Balboa Boulevard shall be improved with a private driveway consistent with Coastal Development Permit No. CD2017-088. 7. Installation of the driveway approach along the East Balboa Boulevard frontage will require a City palm tree to be removed. The owner shall pay to the City $1,539.43 for the installation of a 48-inch box tree elsewhere in the City and pay for the cost of removal of the existing palm tree. 8. All encroachments within the East Ocean Front right-of-way shall comply with City Council Policy L-12. A new Ocean Front Encroachment permit shall be obtained for the new ownership. 9. Prior to the issuance of a building permit, 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. 10. 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 13 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. 11. 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. 12. This approval does not authorize any new or existing improvements (including landscaping) on State tidelands, public beaches, or the public right -of-way. 13. This Coastal Development Permit does not authorize any development seaward of the private property. 14. Best Management Practices (BMP’s) and Good Housekeeping Practices (GHP’s) shall be implemented prior to and throughout the duration of construction activity as designated in the Construction Pollution Prevention Plan (CPPP). 15. 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. 16. 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. 17. 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. 18. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 19. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 20. 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. 14 21. 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. 22. Prior to the issuance of building permits, the applicant shall submit a final construction erosion control plan. The plan shall be subject to the review and approval by the Building Division. 23. Prior to the issuance of building permits, the applicant shall submit a final drainage and grading plan. The plan shall be subject to the review and approval by the Building Division. 24. 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. 25. Prior to issuance of a building permit, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Coastal Development file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Coastal Development Permit. 26. Prior to the issuance of building permits, 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. 27. 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, an d cleaning as part of regular maintenance. 28. Prior to the issuance of building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 29. 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. 30. This Coastal Development Permit No. CD2017-089 shall expire unless exercised within 24 months from the date of approval as specified in Section 21.54.060 (Time Limits and 15 Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. 31. 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 Shaoulian East Ocean Front Residence including, but not limited to, Coastal Development Permit No. CD2017-089 (PA2017-204). 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. 16 Attachment No. ZA 2 Vicinity Map 17 VICINITY MAP Coastal Development Permit No. CD2017-089 PA2017-204 918 East Ocean Front Subject Property Future 20’ Alley Access Easement 18 Attachment No. ZA 3 Project Plans 19 20 21 22 23 24 25 26 27 28 29 30 N29°00'42"EEAST BALBOA BOULEVARD2511 923N68°14'11"WN29°00'42"E77.63'15.12'77.63'79.54'35.00'N29°00'42"E79.54'N29°00'42"EN29°00'42"E 50.00'135.00'338.49'136.09'310.68'NOTEYEAR-ROUND BMP REQUIREMENTSLEGENDEROSION CONTROL BMPsTEMPORARY SEDIMENT CONTROLWIND EROSION CONTROLTRACKING CONTROLWASTE MANAGEMENT AND MATERIALS POLLUTION CONTROLNON-STORMWATER MANAGEMENT13 9 A v e n i d a N a v a r r oS a n C l e m e n t e , C A 9 2 6 7 29 4 9 . 4 9 2 . 8 5 8 6w w w . t o a l e n g i n e e r i n g . c o mC I V I L E N G I N E E R I N GL A N D S U R V E Y I N GSTORMWATER QUALITYSTATE OF CALI FORNIA L ICE N S ED LAND SURVEYORVIKTOR P.MEUMNo. 868231 32