HomeMy WebLinkAbout03_Fanticola Residence CDP_PA2020-360
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
April 15, 2021
Agenda Item No. 3
SUBJECT: Fanticola Residence (PA2020-360)
Coastal Development Permit No. CD2020-155
SITE LOCATION: 80 Linda Isle
APPLICANT: Walz Architecture
OWNER: Christian Fanticola
PLANNER: Joselyn Perez, Assistant Planner
949-644-3312, jperez@newportbeachca.gov
LAND USE AND ZONING
General Plan Land Use Plan Category: RS-D (Single Unit Residential Detached)
Zoning District: R-1 (Single-Unit Residential)
Coastal Land Use Plan Category: RSD-B (Single Unit Residential Detached 6.0
9.9 DU/AC)
Coastal Zoning District: R-1 (Single-Unit Residential)
PROJECT SUMMARY
A coastal development permit (CDP) to allow the demolition of an existing single-family
residence and the construction of a new 5,199-square-foot, two-story, single-family
residence with an attached 629-square-foot, three-car garage. The project also includes
the installation of landscaping, hardscaping, drainage, site walls, a reinforced bulkhead
cap for protection against coastal hazards, and the replacement of a cantilevered deck.
The design complies with all applicable development standards and no deviations are
requested. All improvements authorized by this CDP will be located on private property.
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) of the CEQA Guidelines, California Code of Regulations, Title 14, Division
6, Chapter 3, because it has no potential to have a significant effect on the
environment and the exceptions to this exemption do not apply; and
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3) Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development
Permit No. CD2020-155 (Attachment No. ZA 1).
DISCUSSION
Land Use and Development Standards
The subject property is in the R-1 Coastal Zoning District, which provides for single-
unit residential development and
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, bulkhead, and cantilevered deck. As can be seen in the aerial map
provided as Attachment No. ZA 2 Vicinity Map, the neighborhood is predominantly
developed with two-story, single-family residences. The proposed design, bulk,
and scale of the development is consistent with the existing neighborhood pattern
of development.
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 (harbor side) 10 feet 10 feet
Front (Linda Isle) 25 feet 25 feet
Sides 4 feet 4 feet
Allowable Floor Area (max.) 6,586 square feet 5,828 square feet
Open Space (min.) 494 square feet 511 square feet
Parking (min.) 3-car garage 3-car garage
Height (max.) 24-foot flat roof
29-foot sloping roof
24-foot flat roof
No sloping rooflines
proposed
Hazards
The development fronts the Newport Bay and is protected by a bulkhead with
cantilevered deck. A bulkhead conditions report was prepared by PMA Consulting,
Inc. on December 8, 2020. The report concluded that while the bulkhead is in good
condition with minor, repairable cracks, it should be reinforced through the
installation of new tiebacks and new deadmen. The installation of the tiebacks and
deadmen will occur after the demolition of the existing home is complete and prior
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to the construction of the new home. Once the bulkhead is reinforced in
accordance with the report, no repair or replacement of the bulkhead is anticipated
within the next 75 years.
A Coastal Hazards Report and Sea Level Rise Analysis was prepared by PMA
Consulting, Inc. on December 8, 2020. The report states that the current maximum
bay water elevation is 7.7 feet based on the North American Vertical Datum of 1988
(NAVD88) and may exceed the existing bulkhead 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). 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 bulkhead is reinforced and capped per
impact this property over the proposed 75-year economic life of the development.
On March 23, 2021, the City Council approved updated Waterfront Project Design
Guidelines and Standards, Harbor Design Criteria Commercial & Residential
Facilities. The guidelines require that any structure permitted within the years 2021
through 2025 must have a minimum elevation of 10.9 feet NAVD88 with a design for
adaptability elevation of 14.4 feet NAVD88. The project has been conditioned to
raise the bulkhead to an elevation of 10.9 feet NAVD88. While the original design
adaptability elevation for the bulkhead was 13.7 feet NAVD88, PMA Consulting has
confirmed the bulkhead can be raised up to 14.4 feet NAVD88 if needed and in
compliance with the updated guidelines.
The bulkhead and existing cantilevered deck are within the permitting jurisdiction
of the California Coastal Commission. As such, any construction activities related
to the deck will require a subsequent Approval in Concept (AIC) from the City of
Newport Beach and the approval of a separate Coastal Development Permit from
the Coastal Commission. Condition of Approval Number 5 in the draft resolution
requires the Applicant obtain the approval of the additional CDP from the Coastal
Commission prior to reconstruction of the cantilevered deck.
The finish floor elevation of the proposed single-family residence is at a minimum
elevation of 10.53 feet NAVD88, which complies with the minimum 9.00-foot
NAVD88 elevation standard.
The property is in an area known for the potential of seismic activity and liquefaction.
All projects are required to comply with the California Building Code (CBC) and
Building Division standards and policies. Geotechnical investigations specifically
addressing liquefaction are required to be reviewed and approved prior to the
issuance of a building permit. Permit issuance is also contingent on the inclusion of
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design mitigation identified in the investigations. Construction plans are reviewed for
compliance with approved investigations and CBC prior to building permit issuance.
Pursuant to Newport Beach Municipal Code (NBMC) Section 21.30.030(C)(3)(i)(iv)
(Natural Landform and Shoreline Protection), 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) (General Site Planning
and Development Standards). Both requirements are included as conditions of
approval that will need to be satisfied prior to the issuance of building permits for
construction.
Water Quality
The property is located adjacent to coastal waters. Pursuant to Section 21.35.030
(Construction Pollution Prevention Plan) of the NBMC, a Construction Pollution
Prevention Plan (CPPP) is required to implement temporary Best Management
Practices (BMPs) during construction to minimize erosion and sedimentation and to
minimize pollution of runoff and coastal waters derived from construction chemicals
and materials. A CPPP has been provided and construction plans and activities will
be required to adhere to the CPPP.
Pursuant to NBMC Section 21.35.050 (Water Quality and Hydrology Plan), due to
the proximity of the development to the shoreline and the development containing
more than 75 percent of impervious surface area, a preliminary Water Quality and
Hydrology Plan (WQHP) is required. The preliminary WQHP was prepared by Toal
Engineering, Inc. dated December 13, 2020 and has been reviewed and approved
logist. The WQHP includes a polluted runoff and
hydrologic site characterization, a sizing standard for BMPs, use of an LID approach
to retain the design storm runoff volume on site, and documentation of the expected
effectiveness of the proposed BMPs. Construction plans will be reviewed for
compliance with the approved WQHP prior to building permit issuance.
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 runoff and minor rain event runoff on-site. Any water
not retained on-
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Public Access and Views
Linda Isle is a private, 107-lot, single-family residence community created in 1933
and developed in the 1960s. The community predates the California Coastal Act and
does not provide public access to the bay or shore. A gated bridge connects the
island to the mainland at Bayside Drive. While Bayside Drive is the first public road
paralleling the sea and the project site is located between Bayside Drive and the
view the coast and nearby recreational facilities.
The closest designated Public Viewpoint is located approximately 1,300 feet to the
east of the property near the intersection of Bayside Drive and Harbor Island Drive.
Additionally, the proposed residence is located to the south of Coast Highway and
to the west of Bayside Drive, which are both Coastal View Roads, as designated
in the Coastal Land Use Plan. Due to the distance of the proposed development
and setback
development standards, the project will not be visible in the aforementioned
locations and will not result in impacts to coastal views. As a bayfront property, the
west elevation of the new development will be visible from the water. The design
complies with all required setbacks which minimizes the appearance of building
bulk and the design uses architectural treatments which will enhance views from
the water.
NBMC Section 21.30A.040 (Determination of Public Access/Recreation Impacts)
requires that the provision of public access bear a reasonable relationship between
case, the project replaces an existing single-family residence located on standard R-
1 lot with a new single-family residence. 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.
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, Division 6, 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 5,199-square-foot
residence with attached 629-square-foot, three-car garage. 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
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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.
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. A Notice of Filing was posted to the site by the Applicant
in accordance with Title 21 requirements. 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 NBMC. Final action taken by the City may be appealed to the
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:
BMZ/jp
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
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Attachment No. ZA 1
Draft Resolution
7
05-14-19
RESOLUTION NO. ZA2021-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING
COASTAL DEVELOPMENT PERMIT NO. CD2020-155 TO
DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND
CONSTRUCT A NEW TWO (2)-STORY SINGLE-FAMILY
RESIDENCE AND ATTACHED THREE (3)-CAR GARAGE
LOCATED AT 80 LINDA ISLE (PA2020-360)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Walz Architecture (Applicant), with respect to property located
at 80 Linda Isle and legally described as Lot 80 of Tract 4003, requesting approval of a
coastal development permit (CDP).
2. The Applicant proposes to demolish an existing single-family residence and the
construction of a new 5,199 square-foot, two-story, single-family residence with an
attached 629-square-foot, three-car garage. The project also includes the installation of
landscaping, hardscaping, drainage, site walls, a reinforced bulkhead cap for protection
against coastal hazards, and the replacement of a cantilevered deck. The design complies
with all applicable development standards and no deviations are requested. All
improvements authorized by this CDP will be located on private property. The design
complies with all applicable development standards and no deviations are requested.
3. The subject property is designated RS-D (Single Unit Residential Detached) by the
General Plan Land Use Element and is located within the R-1 (Single-Unit Residential)
Zoning District.
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is RSD-B (Single Unit Residential Detached 6.0 9.9 DU/AC) and it is located
within the R-1 (Single-Unit Residential) Coastal Zone District.
5. A public hearing was held online on April 15, 2021, observing restrictions due to the
Declaration of a State Emergency and Proclamation of Local Emergency related to
COVID-19. A notice of time, place and purpose of the hearing was given in accordance
with the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was
presented to, and considered by, the Zoning Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is categorically exempt pursuant to Title 14 of the California Code of
Regulations Section 15303, 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), California Code of Regulations, Title 14, Division 6,
Chapter 3, 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 two (2)-story,
5,199-square-foot residence with attached 629-square-foot, three (3)-car garage.
3. The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision)
of the NBMC, the following findings and facts in support of such findings are set forth:
Finding:
A. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The proposed development complies with applicable residential development standards
including, but not limited to, floor area limitation, setbacks, height, and parking.
a. The maximum floor area limitation is 6,586 square feet and the proposed floor area
is 5,828 square feet.
b. The proposed development provides the minimum required setbacks, which are 10
feet along the property line abutting the Newport Bay, 4 feet along each side
property line and 25 feet along the property line abutting the Linda Isle private drive.
c. The highest flat roof elevation is less than 24 feet from the established grade (9.55
feet based on the North American Vertical Datum [NAVD88]), which complies with
the maximum height requirements.
d. The project includes garage parking for a total of three (3) vehicles, complying with
the minimum three (3)-car garage parking requirement for single-family residences
with more than 4,000 square feet of habitable floor area.
e. A cantilevered deck will be reviewed separately through an Approval In Concept
(AIC) and the design shall conform with Subsection 21.30C.050 of the NBMC, as
well as all other applicable code requirements. Once an AIC is granted, this
component will be reviewed by the California Coastal Commission.
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2. The neighborhood is predominantly developed with two (2)-story single-family
residences. The proposed design, bulk, and scale of the development is consistent with
the existing neighborhood pattern of development consistent with applicable
development standards.
3. The development fronts the Newport Bay and is protected by a bulkhead. A bulkhead
conditions report was originally prepared by PMA Consulting, Inc. on December 8,
2020. The report concluded that while the bulkhead is in good condition with minor,
repairable cracks, it should be reinforced through the installation of new tiebacks and
new deadmen. The installation of the tiebacks and deadmen will occur after the
demolition of the existing home is complete and prior to the construction of the new
home. Once the bulkhead is reinforced in accordance with the enclosed drawings, no
repair or replacement of the bulkhead is anticipated within the next 75 years.
4. A Coastal Hazards Report and Sea Level Rise Analysis was prepared for the project by
PMA Consulting, Inc. on December 8, 2020. The current maximum bay water elevation
is 7.7 feet NAVD88 and may exceed the existing bulkhead 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).
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 bulkhead is reinforced and capped s
recommendations, flooding, wave runup, and erosion will not significantly impact this
property over the proposed 75-year economic life of the development.
5. The project has been conditioned to raise the bulkhead to a minimum elevation of 10.9
feet NAVD88, with a design for adaptability elevation of 14.4 feet NAVD88, in
compliance with the City of Newport Beach Waterfront Project Design Guidelines and
Standards, Harbor Design Criteria Commercial & Residential Facilities.
6. The finish floor elevation of the proposed single-family residence is at a minimum
elevation of 10.53 feet (NAVD88), which complies with the minimum 9.00-foot (NAVD88)
elevation standard.
7. Pursuant to NBMC Section 21.30.030(C)(3)(i)(iv) (Natural Landform and Shoreline
Protection), 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) (General
Site Planning and Development Standards). 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)
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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.
9. As the property is adjacent to coastal waters, a Construction Pollution Prevention Plan
(CPPP) 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.
10. Pursuant to NBMC 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 was
prepared for the project by Toal Engineering, Inc. dated December 13, 2020. The WQHP
includes a polluted runoff and hydrologic site characterization, a sizing standard for BMPs,
use of an LID approach to retain the design storm runoff volume on site, and
documentation of the expected effectiveness of the proposed BMPs.
11. Proposed landscaping complies with NBMC 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.
12. The closest designated Public Viewpoint is located approximately 1,300 feet to the east
of the property near the intersection of Bayside Drive and Harbor Island Drive. The
proposed residence is also located to the south of Coast Highway and to the west of
Bayside Drive, which are both Coastal View Roads, as designated in the Coastal Land
Use Plan. Due to the distance of the proposed development from the public viewpoint
project will not be visible in the aforementioned locations and will not result in impacts
to coastal views. As a bayfront property, the west elevation of the new development will
be visible from the water. The design complies with all required setbacks which
minimizes the appearance of building bulk and the design uses architectural treatments
which will enhance views from the water.
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. Linda Isle is a private, 107-lot, single-family residence community created in 1933 and
developed in the 1960s. The community predates the California Coastal Act and does not
provide public access to the bay or shore. A gated bridge connects the island to the
mainland at Bayside Drive. While Bayside Drive is the first public road paralleling the sea
and the project site is located between Bayside Drive and the Harbor, the project will not
recreational facilities.
2. Implementation Plan Section 21.30A.040 requires that the provision of public access bear
impact and be
proportional to the impact. In this case, the project replaces an existing single-family
residence located on standard R-1 lot with a new single-family residence. 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.
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. 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.
2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2020-155, subject to the conditions set forth in Exhibit A,
which is attached hereto and incorporated by reference.
3. This action shall become final and effective 14 days following the date 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 NBMC. Final action taken by the City may be appealed to the
Coastal Commission in compliance with Section 21.64.0
Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603
of the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 15TH DAY OF APRIL, 2021.
_____________________________________
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. The existing seawall shall be capped to a minimum elevation of 10.90 feet (NAVD88),
with a design adaptability of 14.4 feet NAVD88, in compliance with the City of Newport
Beach Waterfront Project Guidelines and Standards, Harbor Design Criteria
Commercial & Residential Facilities.
3. The existing seawall shall be reinforced in accordance with the recommendations
provided in the Coastal Hazards Report and Sea Level Rise Analysis prepared by PMA
Consulting, Inc, dated December 8, 2020.
4. The Applicant shall obtain approval from the California Coastal Commission in order to
construct a new cantilevered deck and the deck shall be designed in compliance with
NBMC 21.30C.050(G)(5).
5. 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.
6. 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,
nature whatsoever which
development. This letter shall be scanned into the plan set prior to building permit issuance.
7. 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.
8. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right-of-way.
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9. This Coastal Development Permit does not authorize any development seaward of the
private property.
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 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.
11. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) 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.
16. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
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Zoning Administrator Resolution No. ZA2021-###
Page 8 of 9
02-03-2020
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 Building
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 Resolution, 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 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.
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 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 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.
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02-03-2020
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. CD2020-155 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
approval of Fanticola Residence, including, but not limited to, Coastal Development Permit
No. CD2020-155 (PA2020-360). 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. CD2020-155
PA2020-360
80 Linda Isle
Subject Property
Subject Property
18
Attachment No. ZA 3
Project Plans
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20
21
22
23
24
25
26
27
28
PA2020-36029
PA2020-36030
PA2020-36031
PA2020-36032
PA2020-36033
34
35
36
37
38
39
40
41
42
PA2020-36043
PA2020-36044
PA2020-36045
PA2020-36046
PA2020-36047
PA2020-36048
PA2020-36049