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HomeMy WebLinkAbout20190530_Staff Report03/13/2018 CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT May 30, 2019 Agenda Item No. 5 SUBJECT: Martin Residence (PA2019-039) Coastal Development Permit No. CD2019-008 SITE LOCATION: 18 Balboa Coves APPLICANT: Bradford C. Smith Architect OWNER: Mr. and Mrs. Greg Martin PLANNER: Patrick Achis, Planning Technician 949-644-3237, pachis@newportbeachca.gov LAND USE AND ZONING •General Plan: RS-D (Single-Unit Residential Detached) •Zoning District : R-1 (Single-Unit Residential) •Coastal Land Use Category: RSD-A (Single-Unit Residential Detached) (0.0 – 5.9 DU/AC) •Coastal Zoning District: R-1 (Single-Unit Residential) PROJECT SUMMARY A coastal development permit to allow the demolition of an existing single-family residence and the construction of a new three-story, 5,373-square-foot, single-family residence, including three-car garage parking. The proposed development also includes additional appurtenances such as walls, fences, patios, hardscape, drainage devices, and landscaping. No work will be conducted bayward of the existing bulkhead. The design 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), 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. CD2019-008 (Attachment No. ZA 1). 1 Martin Residence (PA2019-039) Zoning Administrator, May 30, 2019 Page 2 Tmplt: 04/03/18 DISCUSSION Land Use and Development Standards • The subject property is located in the R-1 Coastal Zoning District, which provides for single-unit residential development and is consistent with the City’s Coastal Land Use Plan, General Plan, and Zoning Code. A coastal development permit is required and the property is not eligible for a waiver for de minimis development because the property is located in the Coastal Commission Appeal Area. • The property currently consists of one legal lot developed with a single-family residence. The neighborhood is predominantly developed with two-story, single- family residences; however, scattered one- and three-story residences also exist in the area. 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 (minimum) Front (Street) 5 feet 12 feet Front (Water) 15 feet 15 feet Sides 4 feet 4 feet Allowable Floor Area 7,558 square feet (maximum) 5,373 square feet Allowable 3rd Floor Area 567 square feet 471 square feet Open Space (minimum) 567 square feet 2,469 square feet Parking (minimum) 3 parking spaces 3 parking spaces Height (maximum) 24-foot flat roof 29-foot sloped roof 24-foot flat roof 29-foot sloped roof Hazards • The development is a private parcel that fronts a cove adjacent to a small channel in the northwest corner of Newport Bay. The project site is protected by an existing concrete bulkhead with the top of the bulkhead elevation of 11.42 feet North American Vertical Datum of 1988 (NAVD88). A Coastal Hazards and Bulkhead Condition Report were prepared by GeoSoils, Inc., dated May 3, 2019, for the project. The report concludes that the current shoreline will remain at the shore protection and shoreline erosion will not impact the proposed development over the life of the development. The report also concludes that the project will be reasonably safe from future sea level rise. The estimates assume an approximate 2 Martin Residence (PA2019-039) Zoning Administrator, May 30, 2019 Page 3 Tmplt: 04/03/18 2.9-foot increase from sea level rise over the next 75 years (i.e. the life of the structure). The maximum water elevation is 7.7 NAVD88, therefore the future sea level is estimated to reach approximately 10.6 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). The finished floor elevation of the first floor of the proposed structure is 12.0 feet NAVD88, which complies with the minimum 9.0- foot (NAVD88) elevation standard for new structures and exceeds the minimum requirements for future sea level rise (10.6 feet NAVD88). The GeoSoils study identifies that the condition of the existing bulkhead is adequate to protect the proposed development from any existing or anticipated future coastal hazards for the next 75 years or more. The study additionally concludes the proposed development is reasonably safe from coastal hazards for the next 75 years, including shoreline movement, waves and wave run-up, and flooding with future sea level rise. • 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. • 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 development, as proposed and as conditioned, incorporates design features to minimize the effect of construction and post-construction activities on the marine environment. These design features include, but are not limited to, one or more of the following: the appropriate management of equipment and construction materials, reducing runoff with permeable surfaces, and the use of post- construction best management practices to minimize the project’s adverse impact on coastal water. 3 Martin Residence (PA2019-039) Zoning Administrator, May 30, 2019 Page 4 Tmplt: 04/03/18 • 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 Water Quality and Hydrology Plan (WQHP) is required. The WQHP includes a polluted runoff and hydrologic site characterization, a sizing standard for Best Management Practices (BMPs), use of an LID (Low Impact Development) 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-site is directed to the City’s storm drain system. Public Access and Views • 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. The existing residential development neither provides nor inhibits public coastal access. Implementation Plan Section 21.30A.040 (Determination of Public Access/Recreation Impacts) requires that the provision of public access bear a reasonable relationship between the requirement and the project’s impact and be proportional to the impact. In this case, the project replaces an existing single-family residence 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. • The project site is located within the existing gated community of Balboa Coves and does not provide nor inhibit public coastal access opportunities. The project is designed and sited so as not block or impede existing public access opportunities and occurs within the confines of private property. Existing coastal access conditions will not be affected by the project. The nearest coastal access opportunity is currently provided by Channel Place Park, approximately 600 feet away from the subject site. • The closest public viewpoints are located at Channel Place Park and Sunset View Park, approximately 500 and 600 feet away from the subject site respectively. Due to the distance of the proposed development from the public viewpoints and the project’s compliance with height and setbacks, the project will not impact coastal views. ENVIRONMENTAL REVIEW This project is exempt from the California Environmental Quality Act (CEQA) pursuant to 4 Martin Residence (PA2019-039) Zoning Administrator, May 30, 2019 Page 5 Tmplt: 04/03/18 Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. The Class 3 exemption includes the construction of limited numbers of new, small structures, including one single-family residence. The proposed project is a new single-family residence located in the R-1 Coastal Zoning District. 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 5,373-square- foot single-family residence. PUBLIC NOTICE Notice of this public hearing was published in the Daily Pilot, mailed to all owners and residential occupants of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways), including the applicant, and posted on the subject property at least 10 days before the scheduled hearing, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. APPEAL PERIOD: This action shall become final and effective 14 days following the date the Resolution is adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 21 (Local Coastal Implementation Plan) of the Newport Beach Municipal Code. Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 of the City’s certified LCP and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. For additional information on filing an appeal, contact the Planning Division at 949-644-3200. Prepared by: JM/pa Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Project Plans 5 03/13/2018 Attachment No. ZA 1 Draft Resolution 6 05-15-2018 RESOLUTION NO. ZA2019-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2019-008 TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE WITH THREE-CAR GARAGE PARKING LOCATED AT 18 BALBOA COVES (PA2019-039) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Bradford C. Smith Architect, with respect to property located at 18 Balboa Coves, requesting approval of a coastal development permit. 2. The lot at 18 Balboa Coves is legally described as Lot 18 of Tract 1011. 3. The applicant proposes a coastal development permit to allow the demolition of an existing single-family residence and the construction of a new three-story, 5,373-square-foot, single-family residence, including three-car garage parking. The proposed development also includes additional appurtenances such as walls, fences, patios, hardscape, drainage devices, and landscaping. No work will be conducted bayward of the existing bulkhead. The design complies with all applicable development standards and no deviations are requested. 4. The subject property is designated Single-Unit Residential Detached (RS-D) by the General Plan Land Use Element and is located within the Single-Unit Residential (R-1) Zoning District. 5. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Single-Unit Residential Detached (RSD-A) (0.0 – 5.9 DU/AC) and it is located within the Single-Unit Residential (R-1) Coastal Zone District. 6. A public hearing was held on May 30, 2019, 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. 7 Zoning Administrator Resolution No. ZA2019-### Page 2 of 9 05-15-2018 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 proposed project consists of the demolition of one single-family residence and the construction of a new 5,373-square- foot single-family residence. The proposed project is a new single-family residence located in the R-1 Coastal Zoning District. 3. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. In accordance with Section 21.52.015 (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 7,558 square feet and the proposed floor area is 5,373 square feet. b. The proposed development provides or exceeds the minimum required setbacks, which are 15 feet along the front property line abutting Newport Bay, 4 feet along each side property line and 5 feet along the second frontage abutting Balboa Coves. c. The highest guardrail is 24 feet from established grade (11.47 feet North American Vertical Datum of 1988) 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 three vehicles, complying with the minimum three-car garage parking requirement for single-family residences with more than 4,000 square feet of habitable floor area. 2. The neighborhood is predominantly developed with two-story, single-family residences; however, scattered one- and three-story residences also exist in the area. The proposed 8 Zoning Administrator Resolution No. ZA2019-### Page 3 of 9 05-15-2018 design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development and expected future development. 3. The development is a private parcel that fronts a cove adjacent to a small channel in the northwest corner of Newport Bay. The project site is protected by an existing concrete bulkhead with the top of the bulkhead elevation of 11.42 feet North American Vertical Datum of 1988 (NAVD88). A Coastal Hazards and Bulkhead Condition Report were prepared by GeoSoils, Inc., dated May 3, 2019, for the project. The report concludes that the current shoreline will remain at the shore protection and shoreline erosion will not impact the proposed development over the life of the development. The report also concludes that the project will be reasonably safe from future sea level rise. The estimates assume an approximate 2.9-foot increase from sea level rise over the next 75 years (i.e. the life of the structure). The maximum water elevation is 7.7 feet NAVD88, therefore the future sea level is estimated to reach approximately 10.6 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). The finished floor elevation of the first floor of the proposed structure is 12.0 feet NAVD88, which complies with the minimum 9.0-foot (NAVD88) elevation standard for new structures and exceeds the minimum requirements for future sea level rise (10.6 feet NAVD88). The GeoSoils study identifies that the condition of the existing bulkhead is adequate to protect the proposed development from any existing or anticipated future coastal hazards for the next 75 years or more. The study additionally concludes the proposed development is reasonably safe from coastal hazards for the next 75 years, including shoreline movement, waves and wave run-up, and flooding with future sea level rise. 4. 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. 5. 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. 6. The property is located adjacent to 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 9 Zoning Administrator Resolution No. ZA2019-### Page 4 of 9 05-15-2018 includes drainage and percolation features designed to retain dry weather and minor rain event runoff on-site. Any water not retained on-site is directed to the City’s storm drain system. 7. 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) has been provided and will undergo a final review during building permit plan check. The WQHP was prepared for the project by Forkert Engineering & Surveying, Inc. on April 18, 2019. The WQHP includes a polluted runoff and hydrologic site characterization, a sizing standard for BMPs, use of an LID (Low Impact Development) 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. 8. 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. 9. The property is not located near designated public viewpoints or coastal view roads. The nearest public viewpoints are located at Channel Place Park and Sunset View Park, approximately 500 and 600 feet away from the subject site, respectively. Due to the distance of the proposed development from the public viewpoints and the project’s compliance with height and setbacks, the project will not impact coastal views. The proposed single-family residence complies with all applicable Local Coastal Program (LCP) development standards and maintains front setback areas consistent with the existing neighborhood pattern of development. The project does not contain any unique features that could degrade the visual quality of the coastal zone. 10. 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, but the project will not affect the public’s ability to gain access to, use, and/or view the coast and nearby recreational facilities. The project is sited within the existing gated community of Balboa Coves that does not provide public coastal access opportunities. The proposed replacement of the existing single-family residence with a new single-family residence does not does include any features that would provide or inhibit coastal public access opportunities. . 10 Zoning Administrator Resolution No. ZA2019-### Page 5 of 9 05-15-2018 2. Vertical access to the bay front is available approximately 500 feet west of the site at Channel Place Park where there is a small public beach with access to the water. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2019-008, 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 30TH DAY OF MAY, 2019. _____________________________________ Patrick J. Alford, Zoning Administrator 11 Zoning Administrator Resolution No. ZA2019-### Page 6 of 9 05-15-2018 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. Prior to 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 including the repair and maintenance, enhancement, reinforcement, or any other activity affecting the bulkhead, that results 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. 3. Prior to the issuance of a building permit, the property owner shall submit a notarized signed letter acknowledging all hazards present at the site, assuming the risk of injury or damage from such hazards, unconditionally waiving any claims of damage against the City from such hazards, and to indemnify and hold harmless 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. 4. 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. 5. This approval does not authorize any new or existing improvements (including landscaping) on State tidelands, public beaches, or the public right-of-way. 6. This Coastal Development Permit does not authorize any development seaward of the private property. Should the bulkhead require repair or replacement with construction equipment bayward of the private property, an additional coastal development permit shall be obtained for the bulkhead from the California Coastal Commission. 7. 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. 8. 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 12 Zoning Administrator Resolution No. ZA2019-### Page 7 of 9 05-15-2018 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. 9. 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. 10. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 11. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. Prior to the 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 Permit 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. 18. 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 CPPP and WQHP/WQMP and any changes could require separate review and approval by the Building Division. 13 Zoning Administrator Resolution No. ZA2019-### Page 8 of 9 05-15-2018 19. 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. 20. 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 21. The applicant is responsible for compliance with the Migratory Bird Treaty Act. 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 or two short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active. 22. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 23. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by the current property owner or agent. 24. This Coastal Development Permit No. CD2019-008 shall expire unless exercised within 24 months from the date of approval as specified in Section 21.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. 25. To the fullest extent permitted by law, 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 14 Zoning Administrator Resolution No. ZA2019-### Page 9 of 9 05-15-2018 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 Martin Residence including, but not limited to, Coastal Development Permit No. CD2019-008 (PA2019-039). 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. 15 03/13/2018 Attachment No. ZA 2 Vicinity Map 16 03/13/2018 VICINITY MAP Coastal Development Permit No. CD2019-008 PA2019-039 18 Balboa Coves Subject Property 17 03/13/2018 Attachment No. ZA 3 Project Plans 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Item 5. Martin Residence Coastal Development Permit No. CD2019-008  In considering consistency with the LCP, it seems relevant that the proposal to construct a single residence on a 6,994 square foot (0.16 acre) lot creates a density of 6.2 dwelling units per acre. Unless I have miscalculated, this is slightly inconsistent within the density range of 0-5.9 DU/AC required by the CLUP for the RSD-A land use designation (as quoted on page 1 of the staff report and in Section 1.5 of the resolution).  The staff report contains statements about Public Access and Views (page 4), that do not seem to have been fully incorporated into the resolution (page 10). In addition, handwritten page 10 includes a label for a “Fact 10” (following “9”), but no Fact 10, and the Fact 1 at the bottom of the page contains at least one typo: “The proposed replacement of the existing single-family residence with a new single-family residence does not does include any features that would provide or inhibit coastal public access opportunities. .” The missing sentence after “10” (?) and the extra period at the end of “1” suggest the resolution may have been printed before it was in final form. Item 7. Argent LLC Lot Merger No. LM2018-006 (PA2018-261)  I believe some of the comments I submitted when this matter was first heard on April 25, 2019, remain relevant.  It is good to see the distance indicated from the front property line on the unnamed alley to the bulkhead is now close to that shown in the City’s GIS mapping.  It remains a bit disturbing that the bearings do not agree (the submitted parcel maps showing a perfectly north-south and east-west orientation, where other sources, including the City’s GIS, show the lines to be significantly rotated).  It also continues to be disturbing that the proposed action takes two lots consistent with the CLUP’s RSD-B land use designation and makes of them a single lot with that designation, but on which the density of development attained by a single home, 3.8 DU/AC, will fall far outside the allowable range of 6.0-9.9 DU/AC.  Most importantly, despite the assurances in the resolution that “the front setback and associated buildable area will continue to be measured from the abandoned right-of-way line,” I see no condition to ensure that will, in fact, be the case. And it is contrary to my impression that mergers change setbacks. Indeed, I would assume the reason for the present merger is to allow structures to be built over that very line. The sentence following the previously- quoted one in Fact E.3 in the resolution (page A9) says as much. Doesn’t the approval need to be conditioned on the “front” setback continuing to be measured from the landward edge of the abandoned Bay Avenue right-of-way (making the entire area bayward of that a front setback area)? Zoning Administrator - May 30, 2019 Item Nos. 1a, 2a, 3a, 4b, 5a, 7a - ADDITIONAL MATERIALS RECEIVED