HomeMy WebLinkAbout06_Tucci Residence CDP_PA2020-016CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
May 14, 2020
Agenda Item No.6
SUBJECT:Tucci Residence (PA2020-016)
Coastal Development Permit No. CD2020 -006
SITE LOCATION:3905 Marcus Avenue
APPLICANT:Eric Aust Architect
OWNER:Dominic and Betsy Tucci
PLANNER:Liz Westmoreland, Associate Planner
949-644-3234 or lwestmoreland@newportbeachca.gov
LAND USE AND ZONING
General Plan Land Use Plan Category:RT (Two-Unit Residential)
Zoning District:R-2 (Two-Unit Residential)
Coastal Land Use Plan Category:RT-D (Two Unit Residential -20.0 -29.9 DU/AC)
Coastal Zoning District:R-2 (Two-Unit Residential)
PROJECT SUMMARY
The applicant proposes to demolish the existing single-family residence and allow the
construction of a new 2,825-square-foot, three-story, single-family residence with a 562-
square-foot garage. The project includes raising the existing bulkhead and replacement of
tiebacks and deadmen. The design includes hardscape, walls, landscaping, and drainage
facilities. The project complies with all applicable development standards and no deviations
are requested.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small
Structures)of the CEQA Guidelines, because it has no potential to have a significant
effect on the environment; and
3)Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development
Permit No.CD2020-006 (Attachment No. ZA 1).
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DISCUSSION
Land Use and Development Standards
The subject property is located in the R-2 Coastal Zoning District, which provides for
single-and two-unit
Land Use Plan, General Plan,and Zoning Code.A coastal development permit is
required and the property is not eligible for a waiver for de minimis development
because the property is located in the Coastal Commission Appeal Area.
The property currently consists of one legal lot developed with a single-family
residence. The neighborhood is predominantly develo ped with two-and three -
story, single-family and two-unit residences with scattered one-story residences.
The proposed design, bulk, and scale of the development is consistent with the
existing neighborhood pattern of development and expected future development
consistent with applicable development standards .
The proposed single-family dwelling and accessory structures conform to all
applicable development standards,including floor area limit, setbacks, height, and
off-street parking as evidenced by the project plans and illustrated in Table 1 below.
Table 1 Development Standards
Development Standard Standard Proposed
Setbacks (min.)
Front (Bay)20 feet 20 feet
Sides 3 feet 3 feet
Front (Marcus Avenue)4 feet 4 feet
Allowable Floor Area (max.)3,430 square feet 3,387 square feet
Allowable 3rd Floor Area (max.)343 square feet 342 square feet
Open Space (min.)257 square feet 258 square feet
Parking (min.)2-car garage 2-car garage
Height (max.)24-foot flat roof
29-foot sloped roof
24-foot flat roof
29-foot sloped roof
Hazards
A Coastal Hazards Report and Sea Level Rise Analysis was prepared by PMA
Consulting, Inc. dated February 24, 2020,for the project. The maximum bay water
elevation is 7.7 feet NAVD88 (North American Vertical Datum of 1988 )and may
exceed the current 6.58 feet NAVD88 top of bulkhead elevation during high tide or
storm events. The report analyzes future sea level rise scenarios assuming a 2.9 5-
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 10.65 feet
NAVD88 (the likely range for sea level rise over 75 -year design life of the structure
based on low risk aversion estimates for sea level rise provided by the State of
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California, Sea Level Rise Guidance: 2018 Update). Once the existing
seawall/bulkhead is repaired,reinforced, and
recommendations, flooding, wave runup, a nd erosion will not significantly impact
this property over the proposed 75 -year economic life of the development.
Waterproofing material and flashing are also proposed be constructed around the
perimeter of the dwelling that would protect against flooding up to an elevation of
10.65 feet (NAVD88). Flood shields (sandbags and other barriers) can be
deployed across the openings to protect and prevent flooding to the structure. The
report concludes that the proposed project will be safe from flooding hazards for
the next 75 years with the raised bulkhead and waterproofing. Therefore, the
project has been conditioned to raise the bulkhead and include a waterproofing
material and flashing up to 10.65 feet (NAVD88).
The finished floor elevation of the proposed single -family residence is 9.86 feet
(NAVD88), which complies with the minimum 9.0 -foot (NAVD88) elevation
standard.
The proposed improvements including the replacement of deadmen/tiebacks and
raising the bulkhead are loc
jurisdiction pursuant to the Post LCP Certification Permit and Appeal Jurisdiction
Map. The permit jurisdiction boundary is coterminous with the exterior of the
bulkhead, and no improvements are proposed bayward of the existing bulkhead.
Additionally, no mechanized equipment will be required or utilized bayward of the
existing bulkhead to implement the project as designed. If any improvements are
requested bayward of the existing bulkhead, approval from the California Coastal
Commission will be required.
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 final building
inspection, and prior to the issuance of building permits, respectively.
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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
Pursuant to Municipal Code Section 21.35.050 (Water Quality and Hydrology Plan),
due to the proximity of the development to the shoreline and the development
containing more than 75 percent of impervious surface area, a preliminary Water
Quality and Hydrology Plan (WQHP) is required. The preliminary WQHP has been
polluted runoff and hydrologic site characterization, a sizing standard for best
management practices (BMPs), use of a low impact design (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.
The project design addresses water quality with a construction erosion control plan
and a post-construction drainage system that includes drainage and percolation
features designed to retain dry weather runoff and minor rain event runoff on-site.
Any water not retained on-
Public Access and Views
Vertical access to the bay is available near the site along 39th Street. Lateral access
is available along the bay at the Newport Island Park where there is a small access
point and beach. The project does not include any features that would obstruct
access along these routes.
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
and be proportional to the impact. In this case,the project replaces an existing single-
family residence located on a standard R-2 lot with a new single-family residence.
Therefore, the project does not involve a change in land use, density or intensity that
will result in increased demand 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.
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The project site is not located adjacent to a coastal view road or public access way,
but is located near a designated Coastal Viewpoint as identified in the Coastal Land
Use Plan.The nearest viewpoint is located at Newport Island Park, which is
accessible to the public and provides opportunities to view the bay. The residence is
not located between the park and the bay and would not obscure views from this
public area. The third story of the proposed structure may be visible from the park,
with two existing residences obstructing views between the park and proposed
residence.However, the proposed single-family residence complies with all
applicable Local Coastal Program (LCP) development standards and maintains a
building envelope consistent with the existing neighborhood pattern of development.
The project complies with all third-floor standards of the NBMC which limit the size
and location of the third floor.Additionally, the project does not contain any unique
features that could 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 2,825-square-
foot single-family residence and attached 562-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.
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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
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:
______________________________
Liz Westmoreland, Associate Planner
GBR/law
Attachments:ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
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Attachment No. ZA 1
Draft Resolution
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05-14-19
RESOLUTION NO.ZA2020-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO.CD2020-006 TO DEMOLISH AN
EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A
NEW THREE (3)-STORY SINGLE-FAMILY RESIDENCE AND
ATTACHED TWO (2)-CAR GARAGE LOCATED AT 3905
MARCUS AVENUE (PA2020-016)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1.STATEMENT OF FACTS.
1.An application was filed by Eric Aust Architect , with respect to property
located at 3905 Marcus Avenue,requesting approval of a coastal development permit.
2.The lot at 3905 Marcus Avenue is legally described as Lot 3 of Block 339 of Canal Section
).
3.The Applicant proposes to demolish the existing single-family residence and allow the
construction of a new 2,825-square-foot, three (3)-story, single-family residence with a
562-square-foot garage. The project includes raising the existing bulkhead and
replacement of tiebacks and deadmen. The design includes hardscape, walls,
landscaping, and drainage facilities. The project complies with all applicable development
standards and no deviations are requested.The proposed improvements are located
entirely jurisdiction pursuant to the Post LCP Certification Permit
and Appeal Jurisdiction Map.
4.The Property is designated RT (Two-Unit Residential)by the General Plan Land Use
Element and is located within the R-2 (Two-Unit Residential)Zoning District.
5.The subject property is located within the coastal zone. The Coastal Land Use Plan
category is RT-D (Two-Unit Residential 20.0-29.9 DU/AC)and it is located within the R-
2 (Two-Unit Residential)Coastal Zone District.
6.A public hearing was held on May 14, 2020,in the Council Chambers 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.
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2.Class 3 exempts the demolition of up to three (3)single-family residences and additions
of up to 10,000 square feet to existing structures. The proposed project consists of the
demolition of one (1)single-family residence and the construction of a new 2,825-
square-foot,single-family residence and attached 562-square-foot,two (2)-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 ident ified 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 (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 3,430 square feet and the proposed floor area
is 3,387 square feet.
b.The proposed development provides the minimum required setbacks, which are 20
feet along the front property line abutting the Newport Bay ,3 feet along each side
property line and 5 feet along the other property line abutting Marcus Avenue.
c.The highest guardrail is less than 24 feet from established grade (9.86 feet North
American Vertical Datum of 1988 [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 total of two (2)vehicles, complying with
the minimum two (2)-car garage parking requirement for single -family residences
with less than 4,000 square feet of hab itable floor area.
2.The neighborhood is predominantly developed with two (2)-and three (3)-story, single-
family residences with scattered single-story properties. The proposed design, bulk, and
scale of the development is consistent with the existing neighborhood pattern of
development.
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3.A Coastal Hazards Report and Sea Level Rise Analysis was prepared by PMA
Consulting, Inc. dated February 24, 2020, for the project. The current maximum bay
water elevation is 7.7 feet NAVD88 and may exceed the existing 6.58 feet NAVD88 top
of bulkhead elevation during high tide or storm events. The report analyzes future sea
level rise scenarios assuming a 2.95-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 10.65 feet NAVD88 (the likely range for sea level rise over 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). Once the existing
seawall/bulkhead is repaired,reinforced, and raised per the
flooding, wave runup, and erosion will not significantly impact this property over the
proposed 75-year economic life of the development. A waterproofing material is also
proposed be constructed around the perimeter of the dwelling that would protect against
flooding up to an elevation of 10.6 5 feet (NAVD88). Flood shields (sandbags and other
barriers) can be deployed across the openings to protect and prevent flooding to the
structure. The report concludes that the proposed project will be safe from flooding
hazards for the next 75 years with the reinforced and capped bulkhead and a flood
protection material. Therefore, the project has been conditioned to raise or cap the
bulkhead and include a waterproofing material up to 10.65 feet (NAVD88).
4.The finished floor elevation of the proposed single-family residence is 9.86 feet
(NAVD88), which complies with the minimum 9.00-foot (NAVD88) elevation standard.
The Coastal Hazards Report concludes that the ba y water elevation (currently 7.7 feet
NAVD88) will not exceed the proposed flood protection flashing around the single-family
residence at 10.65 feet (NAVD88) for the anticipated 75 -year life of the structure.
5.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 final building inspection, and prior to the issuance of building permits,
respectively.
6.The proposed improvements including the replacement of deadmen/tiebacks and raising
the bulkhead are located entirely within private property and
pursuant to the Post LCP Certification Permit and Appeal Jurisdiction Map.The permit
jurisdiction boundary is coterminous with the exterior of the bulkhead, and no
improvements are proposed bayward of the existing bulkhead. Additionally, no
mechanized equipment will be required or utilized bayward of the existing bulkhead to
implement the project as designed. If any improvements are requested bayward of the
existing bulkhead, approval from the California Coastal Commission will be required.
7.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)
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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.
8.The property is located adjacent feet of coastal waters.A Construction Erosion Control
Plan was provided to implement temporary Best Management Practices (BMPs) during
construction to minimize erosion and sedimentation and to minimize pollution of runoff and
coastal waters derived by construction chemicals and materials. The project design also
addresses water quality through the inclusion of a post-construction drainage system that
includes drainage and percolation features designed to retain dry weather and minor rain
event runoff on-site. Any water not retained on-
system.
9.Pursuant to Municipal Code Section 21.35.050, due to the proximity of the development to
the shoreline and the development containing more than 75 percent of impervious surface
area, a Water Quality and Hydrology Plan (WQHP) is required. A preliminary WQHP has
been prepared for the project by Toal Engineering, Inc. The WQHP includes a polluted
runoff and hydrologic site characterization, a sizing standard for best management
practices (BMPs), use of a Low Impact Design (LID)approach to retain the design storm
runoff volume on site, and documentation of the expected effectiveness of the proposed
BMPs.
10.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
11.The project site is not located adjacent to a coastal view road or public access way, but is
located near a designated Coastal Viewpoint as identified in the Coastal Land Use Plan.
The nearest viewpoint is located at Newport Island Park, which is accessible to the public
and provides opportunities to view the bay.The residence is not located between the park
and the bay and would not obscure views from this public area.The third story of the
proposed structure may be visible from the park, with two (2)existing residences
obstructing views between the park and proposed residence.However, the proposed
single-family residence complies with all applicable Local Coastal Program (LCP)
development standards and maintains a building envelope consistent with the existing
neighborhood pattern of development.The project complies with all third-floor standards
of the NBMC which limit the size and location of the third floor.Additionally, the project
does not contain any unique features that could degrade the visual quality of th e coastal
zone.
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.
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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
e
proportional to the impact. In this case, the project replaces an existing single-family
residence located on a standard R-2 lot with a new single-family residence. Therefore, the
project does not involve a change in land use, density or intensity that will result in
increased demand 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.Vertical access to the bay is available near the site along 39th Street. Lateral access is
available along the bay at the Newport Island Park where there is a small access point and
beach. The project does not include any features that would obstruct access along these
routes.
SECTION 4.DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1.The Zoning Administrator of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act 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.
2.The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No.CD2020-006,
which is attached hereto and incorporated by reference.
3.This action shall become final and effective 14 days following the date th is 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
Sections 13111 through 13120, and Section 30603 of the Coastal Act.
PASSED, APPROVED,AND ADOPTED THIS 14TH DAY OF MAY, 2020.
_____________________________________
Jaime Murillo, Zoning Administrator
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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.Prior to issuance of building permits , the project plans shall be updated to reflect that a
waterproofing material and flashing will be constructed around the proposed residence
as an adaptive flood protection device up to 10.65 feet (NAVD88).Flood shields
(sandbags and other barriers) can be deployed across the openings to protect prevent
flooding to the structure.
3.Prior to final building permit inspection for the new residence , the existing seawall shall
be raised to provide a minimum elevation of 10.65 feet NAVD88. All improvements shall
occur landward of the existing bulkhead.The use of mechanized equipment in Newport
Bay shall be prohibited without prior approval from the California Coastal Commission.
4.Prior to final building permit inspection for the new residence , 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 including the repair and maintenance, enhancement, reinforcement, or any
other activity affecting the bulkhead, that result s in any encroachment seaward of the
authorized footprint of the bulkhead or other shoreline protective device. The agreement
shall be binding against the property owners and successors and assigns.
5.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 hol d 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,
development. This letter shall be scanned into the plan set prior to building permit issuance.
6.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.
7.This approval does not authorize any new or existing improvements (inc luding
landscaping) on State tidelands, public beaches, or the public right -of-way.
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8.This Coastal Development Permit does not authorize any development seaward of the
private property.
9.The use of mechanized equipment bayward of the existing bulkhead is prohibited and may
require approval of a Coastal Development Permit from the California Coastal
Commission.
10.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 req uired
to prevent the taking of n ative 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 or two short follow-up surveys will be necessary to check on the nest and
determine when the nest is no longer active.
11.Best Management Practices (BMPs) and Good Housekeeping Practices (GHP s) shall
be implemented prior to and throughout the duration of construction activity as
designated in the Construction Erosion Control Plan.
12.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.
13.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.
14.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.
15.Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
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16.The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
17.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.
18.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.
19.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 Buildin g
Division.
20.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.
21.Prior to issuance of a building permit , a copy of the Reso lution, including conditions of
plans.
22.Prior to issuance of a building permit, the applicant shall submit to the Planning Division
an additional copy of the approved a rchitectural 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.
23.Prior to issuance of building permits, the final WQHP/WQMP shall be reviewed and
approved by the Building Division. Implementation shall be in compliance with the
approved construction pollution prevention plan (CPPP)and WQHP/WQMP and any
changes could require separate review and approval by the Building Division.
24.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.
25.All landscape materials and irrigation s ystems 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
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Zoning Administrator Resolution No.ZA2020-###
Page 9 of 9
02-03-2020
be kept operable, including adjustments, replacements, repairs, and cleaning as part of
regular maintenance.
26.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.
27.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.
28.This Coastal Development Permit No.CD2020-006 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.
29.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
whatsoe
approval of Tucci Residence including, but not limited to, Coastal Development Permit No.
CD2020-006 (PA2020-016). 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.
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Coastal Development Permit No.CD2020-006
PA2020-016
3905 Marcus Avenue
Subject Property
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Attachment No. ZA 3
Project Plans
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