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HomeMy WebLinkAbout05_Kruse Residence CDP_PA2021-069 CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT May 27, 2021 Agenda Item No. 5 SUBJECT: Kruse Residence (PA2021-069) Coastal Development Permit No. CD2021-013 SITE LOCATION: 630 Via Lido Nord APPLICANT: Ian Harrison, Architect OWNER: Daniel Kruse PLANNER: Afshin Atapour, Planning Technician 949-644-3212, aatapour@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 construct a 2,630-square-foot, two-story, single-family residence with an attached 566-square-foot two-car garage. The project includes landscape, hardscape, and subsurface drainage facilities all within the confines of the private property. The project complies with all 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 3) Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development Permit No. CD2021-013 (Attachment No. ZA 1). 1 Kruse Residence (PA2021-069) Zoning Administrator, May 27, 2021 Page 2 DISCUSSION Land Use and Development Standards The subject property is located in the R-1 Coastal Zoning District, which provides for single-unit residential development and Use Plan, General Plan, and Zoning Code. A coastal development permit is required, and the property is not eligible for a waiver for de minimis development because the property is located in the Coastal Commission Appeal Area. The property currently consists of one legal lot developed with a single-family residence. The neighborhood is predominantly developed with two-story, single- family residences. The proposed design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development and expected future development consistent with applicable development standards. The proposed single-family dwelling and accessory structures conform to all applicable development standards, including floor area limit, setbacks, height, and off-street parking as evidenced by the project plans and illustrated in Table 1 below. Table 1 Development Standards Development Standard Standard Proposed Setbacks (min.) Front (Via Lido Nord) 4 feet 4 feet Sides 3 feet 3 feet 2nd Front (Harbor) 10 feet 10 feet Allowable Floor Area (max.) 3,952 square feet 3,196 square feet Open Space (min.) 296 square feet 554 square feet Parking (min.) 2-car garage 2-car garage Height (max.) 24-foot flat roof 29-foot sloped roof 24-foot flat roof & sloped roof Hazards A Coastal Hazards Report and Sea Level Rise Analysis was prepared by PMA Consulting, Inc. dated April 6, 2021, for the project. The maximum bay water elevation is 7.7 feet (NAVD 88) and may exceed the current 12.50 feet (NAVD 88) top of bulkhead elevation during high tide or storm events. The report analyzes future sea level rise scenarios assuming a 2.95-foot increase in the maximum water level over the next 75 years (i.e. the life of the structure). Therefore, the sea level is estimated to reach approximately 10.9 feet (NAVD 88) - (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 existing bulkhead is proposed to be capped up to 12.50 feet and capable of being raised up to 14.4 feet (NAVD 88) to provide 2 Kruse Residence (PA2021-069) Zoning Administrator, May 27, 2021 Page 3 adequate flood protection as anticipated for the likely range of sea level rise for the 75-year life of the structure. recommendations, flooding, wave run-up, and erosion will not significantly impact this property over the proposed 75-year economic life of the development. The report concludes that the proposed project is reasonably safe from the shoreline erosion due to lack of wave or wakes that can erode sand from the beach. The finished floor elevation of the proposed single-family residence is at a minimum elevation of 12.83 feet (NAVD 88), which complies with the minimum 9.00-foot (NAVD 88) elevation standard. The Coastal Hazards Report concludes that the projects bay water elevation (anticipated 10.9 feet NAVD 88) will not exceed the proposed finished floor elevation around the single-family residence at 12.83 feet (NAVD 88) for the anticipated 75-year life of the structure. The patio finished surface is at 12.50 feet (NAVD 88), which will also serve as adequate elevation for flood protection of the site and surrounding properties. 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 a building permit. Permit issuance is also contingent on the inclusion of design mitigation identified in the investigations. Construction plans are reviewed for compliance with approved investigations and CBC prior to building permit issuance. Water Quality The property is located adjacent to coastal waters. Pursuant to Section 21.35.030 (Construction Pollution Prevention Plan) of the Newport Beach Municipal Code, a Construction Pollution Prevention Plan (CPPP) is required to implement temporary Best Management Practices (BMPs) during construction to minimize erosion and 3 Kruse Residence (PA2021-069) Zoning Administrator, May 27, 2021 Page 4 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 Newport Beach Municipal Code Section 21.35.050 (Water Quality and Hydrology Plan), due to the proximity of the development to the shoreline and the development containing more than 75 percent of impervious surface area, a preliminary Water Quality and Hydrology Plan (WQMP) is required. A preliminary WQMP has been prepared for the project by RCE Consultants, Inc. dated March 15, 2021. The WQMP includes a polluted runoff and hydrologic site characterization, a sizing standard for BMPs, use of an Low Impact Development (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 WQMP prior to building permit issuance. The project design addresses water quality with a construction erosion control plan and a post-construction drainage system that includes drainage and percolation features designed to retain dry weather runoff and minor rain event runoff on-site. Any water not retained on- Public Access and Views 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 and be proportional to the impact. In this case, the project replaces an existing single-family residence located on a standard R-1 zoned lot with a new single-family residence. Therefore, the project does not involve a change in land use, density or intensity that will result in increased demand on public access and recreation opportunities. Furthermore, the project is designed and sited (appropriate height, setbacks, etc.) so as not to block or impede existing public access opportunities. Vertical access to the bay and beach is available at a City owned parcel along Via Lido Nord at the northerly street end of Via Quito. Lateral access is available on the beach to the south west and where Via Koron ends. The project does not include any features that would obstruct access along these routes. There are no designated public viewpoints or Coastal View Roads near the project site, per the Coastal Land Use Plan. The nearest coastal viewpoint is Kings Road Park, which is about 2,039 feet away from the project site. The nearest coastal view corridor is West Coast Highway, which is about 1,173 feet away from the project site. As currently developed, the existing property and other residences along Via Lido Nord are located within the view shed of the park. Due to the distance of the proposed 4 Kruse Residence (PA2021-069) Zoning Administrator, May 27, 2021 Page 5 development standards, including height and setbacks, the project will not impact existing coastal 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 2,630-square- foot, two-story, single-family residence with an attached 566-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. 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. 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 to the Coastal Commission) 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 Kruse Residence (PA2021-069) Zoning Administrator, May 27, 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. CD2021-013 TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A NEW TWO (2)-STORY SINGLE-FAMILY RESIDENCE AND ATTACHED TWO (2)-CAR GARAGE LOCATED AT 630 VIA LIDO NORD (PA2021-069) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Ian Harrison, Architect, with respect to property located at 630 Via Lido Nord, requesting approval of a coastal development permit. The lot at 630 Via Lido Nord is legally described as Lot 61 of Tract 907. 2. The applicant proposes to demolish an existing single-family residence and construct a 2,630-square-foot, two (2)-story, single-family residence with an attached 566-square-foot two (2)-car garage. The design includes landscape, hardscape, and subsurface drainage facilities all within the confines of the private property. The project complies with all 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 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, Division 6, Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (CEQA) under Class 3 (New Construction or Conversion of Small Structures), because it has no potential to have a significant effect on the environment. 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 8 Zoning Administrator Resolution No. ZA2021-### Page 2 of 9 demolition of one (1) single-family residence and the construction of a new 2,629.59- square-foot single-family residence and attached 566-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, the following findings and facts in support of such findings are set forth: Finding: A. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The proposed development complies with applicable residential development standards including, but not limited to, floor area limitation, setbacks, height, and parking. a. The maximum floor area limitation is 3,952 square feet and the proposed floor area is 3,196 square feet. b. The proposed development provides the minimum required setbacks, which are four (4) feet along the front property line abutting Via Lido Nord, 3 feet along each side property line, and 10 feet along the second front property line abutting the harbor. c. The highest guardrail is less than 24 feet from established grade and the highest ridge is no more than 29 feet from established grade, which complies with the maximum height limitation. d. The project includes garage parking for a total of two (2) vehicles, complying with the minimum two (2)-car garage parking requirement for single-family residences with less than 4,000 square feet of habitable floor area. 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. 3. A Coastal Hazards Report and Sea Level Rise Analysis was prepared by PMA Consulting, Inc. dated April 6, 2021, for the project. The maximum bay water elevation 9 Zoning Administrator Resolution No. ZA2021-### Page 3 of 9 is 7.7 feet (NAVD 88) and may exceed the current 12.50 feet (NAVD 88) top of bulkhead elevation during high tide or storm events. The report analyzes future sea level rise scenarios assuming a three (3)-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 (NAVD 88) - (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 existing bulkhead is proposed to be capped up to 12.50 feet and capable to be raised up to 14.4 feet (NAVD 88) to provide adequate flood protection as anticipated for the likely range of sea level rise for the 75-year life of the structure. 4. Once recommendations, flooding, wave run-up, and erosion will not significantly impact this property over the proposed 75-year economic life of the development. The report concludes that the proposed project is reasonably safe from the shoreline erosion due to lack of wave or wakes that can erode sand from the beach. 5. The finished floor elevation of the proposed single-family residence is at a minimum elevation of 12.83 feet (NAVD 88), which complies with the minimum 9.00-foot (NAVD 88) elevation standard. The Coastal Hazards Report concludes that the bay water elevation (anticipated 10.9 feet NAVD 88) will not exceed the proposed finished floor elevation around the single-family residence at 12.83 feet (NAVD 88) for the anticipated 75-year life of the structure. The patio finished surface is at 12.50 feet (NAVD 88) which will serve as adequate elevation for flood protection of the site and surrounding properties. 6. 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) (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. 7. The property is located in an area known for the potential of seismic activity and liquefaction. All projects are required to comply with the California Building Code (CBC) 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. 8. The property is located adjacent to coastal waters. Pursuant to Section 21.35.030 (Construction Pollution Prevention Plan) of the Newport Beach Municipal Code, a 10 Zoning Administrator Resolution No. ZA2021-### Page 4 of 9 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. 9. Pursuant to Newport Beach Municipal Code Section 21.35.050 (Water Quality and Hydrology Plan), due to the proximity of the development to the shoreline and the development containing more than 75 percent of impervious surface area, a preliminary Water Quality and Hydrology Plan (WQMP) is required. A preliminary WQMP has been prepared for the project by RCE Consultants, Inc dated March 15, 2021. The WQMP includes a polluted runoff and hydrologic site characterization, a sizing standard for BMPs, use of an Low Impact Development (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 WQMP prior to building permit issuance. 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 runoff and minor rain event runoff on-site. Any water not retained on- 11. Proposed landscaping complies with Implementation Plan Section 21.30.075 (Landscaping). 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 access way, or Coastal Viewpoint as identified in the Coastal Land Use Plan. The nearest coastal viewpoint is Kings Road Park, which is about 2,039 feet away from the project site. The nearest coastal view corridor is West Coast Highway, which is about 1,173 feet away from the project site. As currently developed, the existing property and other residences along Via Lido Nord are located within the view shed of the park. However, the proposed single- family residence complies with all applicable Local Coastal Program (LCP) development standards and maintains a building envelope consistent with the existing neighborhood pattern of development. Additionally, the project does not contain any unique features that could degrade the visual quality of the coastal zone. Finding: B. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. Facts in Support of Finding: 1. Vertical access to the bay and beach is available at a City owned parcel along Via Lido Nord at the northerly street end of Via Quito. Lateral access is available on the beach to 11 Zoning Administrator Resolution No. ZA2021-### Page 5 of 9 the south west and where Via Koron ends. The project does not include any features that would obstruct access along these routes. 2. 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 case, the project replaces an existing single-family residence located on standard R-1 lot with a new single-family residence. Therefore, the project does not involve a change in land use, density or intensity that will result in increased demand on public access and recreation opportunities. 3. The project is designed and sited so as not block or impede existing public access opportunities. Coastal access is currently provided and will continue to be provided by street ends throughout the neighborhood with access to the water. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2021-013 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) 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 12 Zoning Administrator Resolution No. ZA2021-### Page 6 of 9 CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. Prior to final of building permits for the new residence, The existing seawall shall be reinforced and capped to 12.50 feet (NAVD 88) and capable to be raised up to 14.4 feet (NAVD 88) minimum in accordance with the recommendations provided in the report prepared by PMA Consulting, Inc. on April 6, 2021, and as identified in the approved plans. 3. The finished floor and site improvements at 630 Via Lido Nord shall be 12.83 feet (NAVD88), which complies with the minimum 9.0. feet elevation standard in accordance with the recommendations provided in the report prepared by PMA Consulting, Inc. on April 6, 2021, and as identified in the approved plans. The patio finished surface is at 12.50 feet (NAVD 88) which will serve as adequate elevation for flood protection of the site and surrounding properties. 4. Waiver of Future Protection for Properties with Approved Bulkheads 21.30.030.C.3(i) (Natural Landform and Shoreline Protection). 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. Acknowledgement of Hazards for Waterfront Development - 21.30.015.D.3(c) (Waterfront - Development Standards). 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) of every kind and nature whatsoever which may arise from or in any manner relate 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, 13 Zoning Administrator Resolution No. ZA2021-### Page 7 of 9 wetlands or their buffers. No demolition or construction materials shall be stored on public property. 7. 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. 8. Debris from demolition shall be removed from work areas each day and removed from the project site within 24 hours of the completion of the project. Stock piles and construction materials shall be covered, enclosed on all sites, not stored in contact with the soil, and located as far away as possible from drain inlets and any waterway 9. This approval does not authorize any new or existing improvements (including landscaping) on State tidelands, public beaches, or the public right-of-way. 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 (1) or two (2) 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. 14 Zoning Administrator Resolution No. ZA2021-### Page 8 of 9 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. 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 plans. 21. 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. 22. 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. 23. 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. 15 Zoning Administrator Resolution No. ZA2021-### Page 9 of 9 24. 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. 25. 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. 26. This Coastal Development Permit No. CD2021-013 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. 27. 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 ees, disbursements and court costs) of every kind and nature approval of the Kruse Residence including, but not limited to, Coastal Development Permit No. CD2021-013 (PA2021-069). 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. CD2021-013 PA2021-069 630 Via Lido Nord Subject Property Subject Property 18 Attachment No. ZA 3 Project Plans 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34