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HomeMy WebLinkAbout04_Cook Residence CDP_PA2021-028 CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT April 15, 2021 Agenda Item No. 4 SUBJECT: Cook Residence (PA2021-028) Coastal Development Permit No. CD2021-007 SITE LOCATION: 1410 West Ocean Front APPLICANT: Brion Jeannette Architecture OWNERS: Chris and Danielle Cook PLANNER: Afshin Atapour, Planning Technician 949-644-3212, aatapour@newportbeachca.gov GENERAL PLAN/ZONING DISTRICT General Plan: RT (Two-Unit Residential) Zoning District: R-2 (Two-Unit Residential) Coastal Land Use Category: RT-D (Two-Unit Residential - (20.0 - 29.9 DU/AC) Coastal Zoning District: R-2 (Two-Unit Residential) PROJECT SUMMARY A Coastal Development Permit (CDP) to allow for the remodel and addition of an existing 3,478-square-foot, two-story, single-family residence with an attached 506-square-foot, two-car garage. The proposed addition and remodel would result in a 3,615-square-foot, three-story, single-family residence with an attached 527-square-foot, two-car garage. The project includes new landscape, hardscape, and site walls and will utilize existing drainage facilities within the confines of the 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 15301 under Class 1 (Existing Facilities) 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 3) Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development Permit No. CD2021-007 (Attachment No. ZA 1). 1 Cook Residence (PA2021-028) Zoning Administrator, April 15, 2021 Page 2 DISCUSSION Land Use and Development Standards The project is located in the R-2 Zoning District, which provides for two-unit General Plan, and Zoning Code. A CDP 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 consists of one legal lot containing an existing single-family residence. The neighborhood is predominantly developed with one-, two-, and three-story, single- and two-unit 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 remodel and addition of the single-family residence conforms 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 10 feet 10 feet Sides 3 feet 3 feet Rear 0 feet 0 feet Allowable Gross Floor Area (max.) 4,500 square feet 4,142 square feet Open Volume Area (min.) 337.5 square feet 338.6 square feet Parking 2-car garage 2-car garage Height 24 feet flat roof 29 feet sloped roof 24 feet flat roof 29 feet sloped roof Hazards The existing residence fronts the Pacific Ocean, but is separated from the shoreline by a very wide sandy beach (approximately 560-foot separation). The project site is not protected by a bulkhead. The finished first floor elevation of the existing residence is 12.34 feet North American Vertical Datum of 1988 (NAVD88), which exceeds the minimum required 9.00-foot (NAVD88) elevation standard. A project-specific Coastal Hazards and Wave Runup Report was prepared by GeoSoils, Inc., dated March 10, 2021. The maximum bay water elevation is 7.7 2 Cook Residence (PA2021-028) Zoning Administrator, April 15, 2021 Page 3 feet (NAVD 88). 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 10.9 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 existing single-family residence is 12.34 feet (NAVD 88), which complies with the minimum 9.0-foot (NAVD 88) elevation standard. The Coastal Hazards Report concludes that the bay water elevation (currently 7.7 feet NAVD 88) will not exceed the proposed finished floor elevation around the single-family residence at 12.34 feet (NAVD 88) for the anticipated 75- year life of the structure. The patio finished surface is at 12.01 feet (NAVD 88) which will serve as adequate elevation for flood protection of the site and surrounding properties. The report concludes that flooding, wave runup and erosion will not significantly impact this property over the life of the proposed development. The need for a shoreline protective device is not anticipated over the economic life of the proposed development to protect it from flooding, wave runup, or erosion. 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) (Waterfront - Development Standards). 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. 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. An Erosion Control Plan prepared by Toal Engineering, dated February 1, 2021, provides recommendations for temporary Best Management Practices (BMPs) 3 Cook Residence (PA2021-028) Zoning Administrator, April 15, 2021 Page 4 during construction to minimize erosion and sedimentation, and to minimize pollution of runoff derived by construction chemicals and materials. Water Quality The existing residence is set back approximately 560 feet from coastal waters. Due to the scope of work being an addition and remodel to an existing residence, a Water Quality and Hydrology Plan is not required. A final drainage plan will be reviewed and approved by the Building Division prior to the issuance of building permits. 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 and minor rain event run-off on-site. Any water not retained on- Public Access The project site is located between the nearest public road and the sea or shoreline. 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 requiremen and be proportional to the impact. In this case, the project involves an addition and remodel to an existing single-family residence located on a standard R-2 zoned lot. Therefore, the project does not involve a change in land use, density or intensity that will result in increased demand on public access and recreation opportunities. Furthermore, the project is designed and sited (appropriate height, setbacks, etc.) so as not to block or impede existing public access opportunities. Vertical access to the bay and beach is available east of the site at the intersection of West Ocean Front and 14th Street, and west of the site at the intersection of West Ocean Front and 15th Street. Lateral access is available along an existing 14-foot wide public boardwalk in front of the project site. The project does not include any features that would obstruct access along these routes. The project site is located adjacent to the public beach and the public Ocean Front boardwalk. Due to the project location, an initial evaluation of the potential impact to the viewshed or the scenic and visual qualities of the coastal zone was conducted pursuant to NBMC Section 21.30.100 (Scenic and Visual Quality Protection). Expansive views of the Newport Pier, Balboa Pier, Pacific Ocean, and public beach are afforded from the public sidewalk along West Ocean Front. However, the subject property is located landward of the public vantage points and not between public vantage points and these view features. Therefore, the project will not impact existing, nor provide an opportunity to enhance, public views along these vantage points. 4 Cook Residence (PA2021-028) Zoning Administrator, April 15, 2021 Page 5 ENVIRONMENTAL REVIEW This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) 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 1 exempts additions to existing structures provided that the addition will not result in an increase of more than 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less. The proposed project consists of remodel and addition of an existing 3,478-square-foot, two-story, single-family residence with an attached 506-square-foot, two-car garage. The proposed remodel and addition would result to a 3,615-square-foot, three-story, single-family residence with an attached 527-square-foot, two-car garage and therefore qualifies within this exemption. There are no known exceptions listed in CEQA Guidelines Section 15300.2 that would invalidate the use of this exemption. 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 (Appeal 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. 5 Cook Residence (PA2021-028) Zoning Administrator, April 15, 2021 Page 6 Prepared by: MKN/aa Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Project Plans 6 Attachment No. ZA 1 Draft Resolution 7 RESOLUTION NO. ZA2021-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2021-007 TO ALLOW FOR THE REMODEL AND ADDITION OF AN EXISTING SINGLE-FAMILY RESIDENCE WITH AN ATTACHED TWO (2)-CAR GARAGE AT 1410 WEST OCEAN FRONT. (PA2021-028) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Brion Jeannette Architecture (Applicant), with respect to property located at 1410 West Ocean Front, requesting approval of a coastal development permit (CDP). The lot at 1410 West Ocean Front is legally described as Lot 6 in Block 14 of Tract 234. 2. The applicant proposes a remodel and addition of an existing 3,478-square-foot, two (2)-story, single-family residence with an attached 506-square-foot, two (2)-car garage. The proposed addition and remodel would result in a 3,615-square-foot, three (3)-story, single-family residence with an attached 527-square-foot, two (2)-car garage. The project includes new landscape, hardscape, and site walls and will utilize existing drainage facilities within the confines of the private property. The design complies with all applicable development standards and no deviations are requested. 3. The subject 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. 4. 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 the property is located within the R-2 (Two-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. 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 15301, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities), because it has no potential to have a significant effect on the environment. 8 Zoning Administrator Resolution No. ZA2021-### Page 2 of 9 2. Class 1 exempts additions to existing structures provided that the addition will not result in an increase of more than 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less. The proposed project consists of remodel and addition of an existing 3,478-square-foot, two (2)-story, single-family residence with an attached 506 square foot, two (2)-car garage. The proposed remodel and addition would result to a 3,615-square-foot, three (3)-story, single-family residence with an attached 527-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 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 (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 4,500 square feet and the proposed floor area is 4,142 square feet. b. The proposed development will provide the minimum required setbacks, which are 10 feet along the front property line, 3 feet along each side property line, and 0 feet along the rear property line. c. The highest ridge of the sloping roof is approximately 29 feet from established grade, which complies with the maximum height limitation of 29 feet for a sloping roof. d. The project includes enclosed garage parking for two (2) vehicles, in compliance with the minimum parking requirement for single-family residences with less than 4,000 square feet of habitable floor area. 2. The neighborhood is predominantly developed with one (1)-, two (2)-, and three (3)- story, single- and two (2)-unit residences. The proposed design, bulk, and scale of the 9 Zoning Administrator Resolution No. ZA2021-### Page 3 of 9 development will be consistent with the existing neighborhood pattern of development and expected future development. 3. The existing residence fronts the Pacific Ocean, but is separated from the shoreline by a very wide sandy beach (approximately 560-foot separation). The project site is not protected by a bulkhead. 4. A project-specific Coastal Hazards and Wave Runup Report was prepared by GeoSoils, Inc., dated March 10, 2021. The maximum bay water elevation is 7.7 feet North American Vertical Datum of 1988 (NAVD 88). 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 10.9 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). 5. The finished floor elevation of the existing single-family residence is 12.34 feet (NAVD 88), which complies with the minimum 9.0-foot (NAVD 88) elevation standard. The Coastal Hazards Report concludes that the bay water elevation (currently 7.7 feet NAVD 88) will not exceed the proposed finished floor elevation around the single-family residence at 12.34 feet (NAVD 88) for the anticipated 75-year life of the structure. The patio finished surface is at 12.01 feet (NAVD 88) which will serve as adequate elevation for flood protection of the site and surrounding properties. 6. 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. 7. 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) – (Waterfront - Development Standards). 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. 8. An Erosion Control Plan prepared by Toal Engineering, dated February 1, 2021, provides recommendations for temporary Best Management Practices (BMPs) during construction to minimize erosion and sedimentation, and to minimize pollution of runoff derived by construction chemicals and materials. 10 Zoning Administrator Resolution No. ZA2021-### Page 4 of 9 9. The existing residence is set back approximately 560 feet from coastal waters. Due to the scope of work being an addition and remodel to an existing residence, a Water Quality and Hydrology Plan is not required. 10. 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 and minor rain event run-off on-site. Any water not retained on-site is directed to the City’s storm drain system. 11. New landscaping will be verified for compliance with NBMC Section 21.30.075 (Landscaping). A condition of approval is included that requires drought-tolerant, and prohibits invasive, species. Prior to issuance of the building permits, the final landscape plans will be reviewed to verify invasive species are not planted. Finding: B. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. Facts in Support of Finding: 1. The project site is located between the nearest public road and the sea or shoreline; however, the project will not affect the public’s ability to gain access to, use, and/or view the coast and nearby recreational facilities. 2. Vertical access to the bay and beach is available east of the site at the intersection of West Ocean Front and 14th Street, and west of the site at the intersection of West Ocean Front and 15th Street. Lateral access is available along an existing 14-foot wide public boardwalk in front of the project site. The project does not include any features that would obstruct access along these routes. 3. The project involves an addition and remodel to an existing single-family residence. The neighborhood is predominantly developed with one (1), two (2), and three (3)-story, single- and two (2)-unit 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 4. The project site is located adjacent to the public beach and the public Ocean Front boardwalk. Due to the project location, an initial evaluation of the potential impact to the viewshed or the scenic and visual qualities of the coastal zone was conducted pursuant to NBMC Section 21.30.100 (Scenic and Visual Quality Protection). Expansive views of the Newport Pier, Balboa Pier, Pacific Ocean, and public beach are afforded from the public sidewalk along West Ocean Front. However, the subject property is located landward of the public vantage points and not between public vantage points and these view features. Therefore, the project will not impact existing, nor provide an opportunity to enhance, public views along these vantage points. 11 Zoning Administrator Resolution No. ZA2021-### Page 5 of 9 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 15301 under Class 1 (Existing Facilities) 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. CD2021-007 subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. 3. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 21 Local Coastal Implementation Plan, of the Newport Beach Municipal Code. Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 (Appeal to the Coastal Commission) of the City’s certified LCP and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. PASSED, APPROVED, AND ADOPTED THIS 15th DAY OF APRIL, 2021. _____________________________________ Jaime Murillo, Zoning Administrator 12 Zoning Administrator Resolution No. ZA2021-### Page 6 of 9 EXHIBIT “A” CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. The finished floor and site improvements at West Ocean Front shall be 10.9 feet (NAVD88) minimum in accordance with the recommendations provided in the report prepared by GeoSoils, Inc. on March 10, 2021 and as identified in the approved plans. 3. Waiver of Future Protection for Properties with No Bulkheads – 21.30.015.E.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 to address the threat of damage or destruction from waves, erosion, storm conditions, landslides, seismic activity, bluff retreat, sea level rise, or other natural hazards that may affect the property, or development of the property, today or in the future. The agreement shall be binding against the property owners and successors and assigns. 4. Acknowledgement of Hazards for Waterfront Development - 21.30.015.D.3(c) 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. This letter shall be scanned into the plan set prior to building permit issuance. 5. 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. 6. Demolition beyond the approved scope of work requires planning division approval prior to commencement of work. Approval of revisions to project plans are not guaranteed. Any changes in the current scope of work may require the entire structure to be demolished and redeveloped in conformance with the current Zoning Code Development Standards. 7. This approval does not authorize any new or existing improvements (including landscaping) on State tidelands, public beaches, or the public right-of-way. 13 Zoning Administrator Resolution No. ZA2021-### Page 7 of 9 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 14. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 14 Zoning Administrator Resolution No. ZA2021-### Page 8 of 9 15. 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. 16. 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. 17. 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. 18. 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. 19. Prior to issuance of a building permit, a copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans. 20. 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. 21. 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. 22. 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. 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. CD2021-007 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. 15 Zoning Administrator Resolution No. ZA2021-### Page 9 of 9 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 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 Cook Residence including, but not limited to, Coastal Development Permit No. CD2021-007 (PA2021-028). 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. CD2021-007 (PA2021-028) 1410 West Ocean Front Subject Property 18 Attachment No. ZA 3 Project Plans 19 470 Old Newport BoulevardBrion Jeannette ArchitectureFax 949.645.598392663www.customarchitecture.comNewport Beach, CATel 949.645.5854ENERGY CONSCIOUS DESIGNMEMBERS AIA & NCARB20 21 M . M . MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM ..... MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM ..... 470 Old Newport BoulevardBrion Jeannette ArchitectureFax 949.645.598392663www.customarchitecture.comNewport Beach, CATel 949.645.5854ENERGY CONSCIOUS DESIGNMEMBERS AIA & NCARBBrion Jeannette Architecture © 201522 23 470 Old Newport BoulevardBrion Jeannette ArchitectureFax 949.645.598392663www.customarchitecture.comNewport Beach, CATel 949.645.5854ENERGY CONSCIOUS DESIGNMEMBERS AIA & NCARB24 470 Old Newport BoulevardBrion Jeannette ArchitectureFax 949.645.598392663www.customarchitecture.comNewport Beach, CATel 949.645.5854ENERGY CONSCIOUS DESIGNMEMBERS AIA & NCARB25 1410470 Old Newport BoulevardBrion Jeannette ArchitectureFax 949.645.598392663www.customarchitecture.comNewport Beach, CATel 949.645.5854ENERGY CONSCIOUS DESIGNMEMBERS AIA & NCARB26 27 470 Old Newport BoulevardBrion Jeannette ArchitectureFax 949.645.598392663www.customarchitecture.comNewport Beach, CATel 949.645.5854ENERGY CONSCIOUS DESIGNMEMBERS AIA & NCARB28 29 30 VICINITY MAPHUNTINGTON BEACH, CALIFORNIA 92646PHONE:(714)488-5006 FAX:(714)333-4440 APEXLSINC@GMAIL.COMGRAPHIC SCALE31