HomeMy WebLinkAbout04_Antoci Residence CDP_PA2020-323
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
May 27, 2021
Agenda Item No. 4
SUBJECT: Antoci Residence (PA2020-323)
Coastal Development Permit No. CD2020-152
SITE LOCATION: 2286 Channel Road
APPLICANT: Jeff Logan
OWNER: Vito and Tiffany Antoci
PLANNER: Chelsea Crager, Associate Planner
949-644-3227, ccrager@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-C (Single Unit Residential Detached 10.0
19.9 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, approximately 3,897-square-foot, three-story
residence including an attached three-car garage. The project also includes additional
appurtenances such as landscaping, hardscaping, drainage, a barbeque counter, and a
reinforced bulkhead cap for protection against coastal hazards. 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
3) Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development
Permit No. CD2020-152 (Attachment No. ZA 1).
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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 protected by a bulkhead. As can be seen in the aerial map provided as
Attachment No. ZA 2 Vicinity Map, the neighborhood is predominantly developed
with two- and three-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 (Attachment No. ZA 3) and
illustrated in Table 1 below.
Table 1 Development Standards
Development Standard Standard Proposed
Setbacks (min.)
Front (harbor side) 10 feet 10 feet
Front (Channel Road) 0 feet 0 feet
Sides 3 feet 3 feet
Allowable Floor Area (max.) 5,220 square feet 3,897 square feet
Open Space (min.) 392 square feet 417 square feet
Parking (min.) 2-car garage 3-car garage
Height (max.) 24-foot flat roof
29-foot sloping roof
24-foot flat roof
24-foot sloping roof
Hazards
The development fronts the Newport Bay and is protected by a bulkhead. A
Bulkhead Conditions Report was prepared by William Simpson and Associates,
Inc. on November 2, 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. Once the bulkhead is reinforced in accordance with
the report, no repair or replacement of the bulkhead is anticipated within the next
75 years.
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A Coastal Hazards Report and Sea Level Rise Analysis was prepared by William
Simpson and Associates, Inc. on May 6, 2021. 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
significantly 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. William Simpson and
Associates, Inc. has confirmed the bulkhead can be raised up to 14.4 feet NAVD88
if needed and in compliance with the updated guidelines.
The finish floor elevation of the proposed single-family residence is at an elevation
of 12.00 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
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
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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 WQHP was prepared by JT Consulting
Engineers dated May 4, 2021 and
Engineer Geologist. 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-
Public Access and Views
The project site is located on the Balboa Peninsula between the nearest public
road and the sea. Implementation Plan Section 21.30A.040 (Determination of
Public Access/Recreation Impacts) requires that the provision of public access
bear a reasonable relations
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. Furthermore, the
project is designed and sited so as not to block or impede existing public access
opportunities.
The project site is not located adjacent to a coastal view road, public viewpoint,
public park, beach, or public accessway, as identified in the Coastal Land Use
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Plan. The nearest public viewpoint is West Jetty View Park, which is located
approximately 150 feet to the south of the project site. Views from West Jetty View
Park are primarily toward the water to the east and south, and the project does not
affect views from West Jetty View Park. The project may be located within the
viewshed of other distant public viewing areas. However, the project will replace
an existing single-family residence with a new single-family residence that
complies with all applicable Local Coastal Program (LCP) development standards
and maintains a building envelope consistent with the existing neighborhood
pattern of development. Therefore, the project does not have the potential to
degrade the visual quality of the Coastal Zone or result in significant adverse
impacts to public views.
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 3,897-square-foot
residence with an attached 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 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
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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:
MS/cc
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
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Attachment No. ZA 1
Draft Resolution
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05-14-19
RESOLUTION NO. ZA2021-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING
COASTAL DEVELOPMENT PERMIT NO. CD2020-152 TO
DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND
CONSTRUCT A NEW THREE (3)-STORY SINGLE-FAMILY
RESIDENCE AND ATTACHED THREE (3)-CAR GARAGE
LOCATED AT 2286 CHANNEL ROAD (PA2020-323)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Jeff Logan (Applicant), with respect to property located at 2286
Channel Road and legally described as Lot 4 of Tract 518, requesting approval of a coastal
development permit (CDP).
2. The Applicant proposes a coastal development permit (CDP) to allow the demolition of an
existing single-family residence and the construction of a new, approximately 3,897-
square-foot, three (3)-story residence including an attached three (3)-car garage. The
project also includes additional appurtenances such as landscaping, hardscaping,
drainage, a barbeque counter, and a reinforced bulkhead cap for protection against coastal
hazards. 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-C (Single Unit Residential Detached 10.0 19.9 DU/AC) and it is
located within the R-1 (Single-Unit Residential) Coastal Zone District.
5. A public hearing was held online on May 27, 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 three (3)-
story, 3,897-square-foot residence with an attached 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 5,220 square feet and the proposed floor area
is 3,897 square feet.
b. The proposed development provides the minimum required setbacks, which are 10
feet along the property line abutting the Newport Bay, 3 feet along each side
property line and 0 feet along the property line abutting Channel Road.
c. The highest roof elevation is a maximum of 24 feet from the established grade
(10.63 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 two (2)-car garage parking requirement for single-family residences
with less than 4,000 square feet of habitable floor area.
2. The neighborhood is predominantly developed with two (2)- and three (3)-story single-
family residences. The proposed design, bulk, and scale of the development is
consistent with the existing neighborhood pattern of development and consistent with
applicable development standards.
3. The development fronts the Newport Bay and is protected by a bulkhead. A Bulkhead
Conditions Report was prepared by William Simpson and Associates, Inc. on
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November 2, 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. Once the bulkhead is reinforced in accordance with the report, 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 by William Simpson
and Associates, Inc. on May 6, 2021. 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 reinfo
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 an elevation of
12.00 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)
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
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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 (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 WQHP was prepared by JT Consulting Engineers dated May 4,
2021 and
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.
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 project site is not located adjacent to a coastal view road, public viewpoint, public
park, beach, or public accessway, as identified in the Coastal Land Use Plan. The
nearest public viewpoint is West Jetty View Park, which is located approximately 150
feet to the south of the project site. Views from West Jetty View Park are primarily toward
the water to the east and south, and the project does not affect views from West Jetty
View Park. The project may be located within the viewshed of other distant public
viewing areas, and the east elevation of the project is visible from the water. However,
the project will replace an existing single-family residence with a new single-family
residence that complies with all applicable Local Coastal Program (LCP) development
standards and maintains a building envelope consistent with the existing neighborhood
pattern of development. Therefore, the project does not have the potential to degrade
the visual quality of the Coastal Zone or result in significant adverse impacts to public
views.
Finding:
B. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone.
Fact in Support of Finding:
1. The project site is located on the Balboa Peninsula between the nearest public road and
the sea. Implementation Plan Section 21.30A.040 (Determination of Public
Access/Recreation Impacts) requires that the provision of public access bear a
reasonable relations
proportional to the impact. In this case, the project replaces an existing single-family
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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. Furthermore, the project is designed and sited so
as not to block or impede existing public access 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. CD2020-152, 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
Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603
of the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 27TH DAY OF MAY, 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
William Simpson and Associates, Inc, dated May 6, 2021.
4. 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.
5. Prior to the issuance of a building permit, the property owner shall submit a notarized
signed letter acknowledging all hazards present at the site, assuming the risk of injury
or damage from such hazards, unconditionally waiving any claims of damage against
the City from such hazards, and to indemnify and 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,
development. This letter shall be scanned into the plan set prior to building permit issuance.
6. No demolition or construction materials, equipment debris, or waste, shall be placed or
stored in a location that would enter sensitive habitat, receiving waters, or a storm drain
or result in impacts to environmentally sensitive habitat areas, streams, the beach,
wetlands or their buffers. No demolition or construction materials shall be stored on
public property.
7. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right-of-way.
8. This Coastal Development Permit does not authorize any development seaward of the
private property.
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9. 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.
10. 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.
11. 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.
12. 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. Stockpiles 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.
13. 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.
14. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
15. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
16. 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.
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17. 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.
18. 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.
19. 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.
20. Prior to issuance of a building permit, a copy of the Resolution, including conditions of
rated into the Building Division and field sets of
plans.
21. 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.
22. 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.
23. 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.
24. 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.
25. 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.
26. 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
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Zoning Administrator Resolution No. ZA2021-###
Page 9 of 9
02-03-2020
property owner or agent.
27. This Coastal Development Permit No. CD2020-152 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.
28. 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 Antoci Residence, including, but not limited to, Coastal Development Permit
No. CD2020-152 (PA2020-323). 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. CD2020-152
PA2020-323
2286 Channel Road
Subject Property
Subject Property
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Attachment No. ZA 3
Project Plans
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