HomeMy WebLinkAbout05_Stein Residence CDP_PA2021-249CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
January 13, 2022
Agenda Item No. 5
SUBJECT: Stein Residence (PA2021-249)
Coastal Development Permit No. CD2021-064
SITE LOCATION: 6501 and 6503 Seashore Drive
APPLICANT: Eric Aust
OWNER: Steve Stein
PLANNER: Patrick Achis, Assistant Planner
949-644-3237, pachis@newportbeachca.gov
LAND USE AND ZONING
General Plan Land Use Plan Category: RT (Two Unit Residential)
Zoning District: R-2 (Two-Unit Residential)
Coastal Land Use Plan Category: RT-E (Two Unit Residential - (30.0 - 39.9 DU/AC))
Coastal Zoning District: R-2 (Two-Unit Residential)
PROJECT SUMMARY
A request for a coastal development permit to demolish an existing duplex and construct
a new, three-story, 4,325-square-foot duplex with two attached 385-square-foot, two-car
garages. The project also includes additional appurtenances such as site walls, fences,
patios, landscaping, and drainage devices. All improvements will occur within the confines
of the private property. The design complies with all development standards including
height, setbacks, and floor area limit, 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. CD2021-064 (Attachment No. ZA 1).
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DISCUSSION
Land Use and Development Standards
The subject property is in the R-2 Coastal Zoning District, which is intended to provide
areas appropriate for single- and two-unit residential development and is consistent
, and Zoning Code. A coastal
development permit is required, and the property is not eligible for a waiver for de
minimis development because it is in the Coastal Commission Appeal Area.
The property consists of one legal lot fronting Seashore Drive, located directly below
West Newport Park. The lot is rectangular in shape, topographically flat, and is
currently developed with a residential duplex. The existing duplex will be demolished
and replaced with the construction of a new duplex.
The neighborhood is predominantly developed with two-story residences and an
occasional three-story residence, as demonstrated in the oblique aerial image
provided in Attachment No. ZA 2. The proposed design, bulk, and scale of the
development is consistent with applicable development standards of the zoning
district and the expected future development of the neighborhood.
On April 14, 2020, the City Council adopted two ordinances to amend Title 20 (Zoning
Code) and Title 21 (Local Coastal Program Implementation Plan) of the Newport
Beach Municipal Code (NBMC) revising Setback Map No. S-1A to adjust the required
setbacks for the subject property. In conjunction with the amendments, this action
revoked Variance No. VA0012 and Modification No. MD2343 previously authorized
for the site permitting setback encroachments for the existing duplex. The
amendments established the current setbacks and buildable area applicable to
project, which was found to be consistent with other properties in the vicinity.
The proposed duplex 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 (Seashore Drive) 0 feet 0 feet
Sides 4 feet 4 feet
Rear (Alley) 5 feet 5 feet
Allowable Floor Area (max.) 5,244 square feet 5,095 square feet
Open Space (min.) 394 square feet 394 square feet
Parking (min.) 4-car spaces 4-car spaces
Height (max.) 24-foot flat roof
29-foot sloped roof
24-foot flat roof elements
29-foot sloped roof
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Hazards
The project site is separated from the shoreline by a public alley and a block of
residential development. The site is not protected by a bulkhead or other protective
device.
The finish floor elevation of the proposed duplex is 13.25 feet based on the North
American Vertical Datum of 1988 (NAVD88), which complies with the minimum
9.0-foot (NAVD88) elevation standard for new structures. Due to the higher finish
floor and the intervening development, impacts from sea level rise are not anticipated
at this time for the 75-year economic life of the proposed improvements.
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.
Water Quality
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 Section 21.35.050 (Water Quality and Hydrology Plan) of the NBMC,
due to the proximity of the development to the shoreline and the development
containing more than 75 percent of impervious surface area, a preliminary Water
Quality and Hydrology Plan (WQHP) is required. The preliminary WQHP will be
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.
Public Access and Views
The project site is located within West Newport, between the nearest public road
paralleling the sea or shoreline and the sea or shoreline. Implementation Plan
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Section 21.30A.040 requires that the provision of public access bear a reasonable
impact and be proportional to
the impact. In this case, the project replaces an existing residential duplex located on
an R-2 lot with a new residential duplex. 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 coast is available on either side of the project site via the Walnut
Street and Lugonia Street ends. Lateral access is provided on the beach and through
the West Ocean Front Alleyway. The project does not include any features that would
obstruct access along these routes.
The project site is located adjacent to a Coastal Viewpoint as identified in the Coastal
Land Use Plan. The nearest designated coastal viewpoint is approximately 40 feet
away from the project site, at the West Newport Park. The project site is directly
viewshed. The building design features large glass windows throughout, frameless
glass guardrails, and uses modern lines and architectural treatments which provide
for visual interest. T
standards will prevent new impacts to views of the coast as the new residence will
maintain a building envelope consistent with the existing neighborhood pattern of
development.
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 a duplex residence and the construction of a new 4,325-square-foot, three-
story duplex with an attached parking for four cars.
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.
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PUBLIC NOTICE
Notice of this public hearing was published in the Daily Pilot, mailed to all owners and
residential occupants of property within 300 feet of the boundaries of the site (excluding
intervening rights-of-way and waterways), including the applicant, and posted on the
subject property at least 10 days before the scheduled hearing, consistent with the
provisions of the Municipal Code. Additionally, the item appeared on the agenda for this
meeting, which was posted at City Hall and on the City website.
APPEAL PERIOD:
This action shall become final and effective 14 days following the date the Resolution is
adopted unless within such time an appeal or call for review is filed with the Community
Development Director in accordance with the provisions of Title 21 (Local Coastal
Implementation Plan) of the Newport Beach Municipal Code. Final action taken by the City
may be appealed to the Coastal Commission in compliance with Section 21.64.035 of the
13120, and Section 30603 of the Coastal Act. For additional information on filing an appeal,
contact the Planning Division at 949-644-3200.
Prepared by:
BMZ/pda
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map and Oblique Aerial
ZA 3 Project Plans
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Attachment No. ZA 1
Draft Resolution
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05-14-19
RESOLUTION NO. ZA2022-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING
COASTAL DEVELOPMENT PERMIT NO. CD2021-064 TO
DEMOLISH AN EXISTING RESIDENTIAL DUPLEX AND
CONSTRUCT A NEW THREE (3)-STORY RESIDENTIAL DUPLEX
WITH ATTACHED PARKING FOR FOUR (4) CARS LOCATED AT
6501 AND 6503 SEASHORE DRIVE (PA2021-249)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Eric Aust (Applicant), with respect to property located at 6501
and 6503 Seashore Drive and legally described as Lot 8, Block E, in Seashore Colony
Tract, requesting approval of a coastal development permit.
2. The Applicant proposes to demolish an existing duplex and construct a new three (3)-story,
4,325-square-foot duplex with two (2) attached 385-square-foot, two (2)-car garages. The
project also includes additional appurtenances such as site walls, fences, patios,
landscaping, and drainage devices. All improvements will occur within the confines of the
private property. The design complies with all development standards including height,
setbacks, and floor area limit, and no deviations are requested.
3. The subject property is categorized 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-E (Two Unit Residential) - (30.0 - 39.9 DU/AC) and it is located within the
R-2 (Two-Unit Residential) Coastal Zone District.
5. A public hearing was held on January 13, 2022, online via Zoom. 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
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demolition of a residential duplex and the construction of a new 5,095-square-foot, three
(3)-story duplex with attached parking for four (4) cars.
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. On April 14, 2020, the City Council adopted two ordinances to amend Title 20 (Zoning
Code) and Title 21 (Local Coastal Program Implementation Plan) revising Setback Map
No. S-1A to adjust the required setbacks for the subject property (PA2019-216). In
conjunction with the amendments, this action revoked Variance No. VA0012 and
Modification No. MD2343 previously authorized for the site permitting setback
encroachments for the existing duplex. The amendments established the current
setbacks and buildable area applicable to project, which was found to be consistent with
other properties in the vicinity.
2. 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 5,244 square feet and the proposed floor area
is 5,095 square feet.
b. The proposed development provides the minimum required setbacks, which are 0
feet along the front property line abutting Seashore Drive, 4 feet along each side
property line and 5 feet along the rear property line abutting the alley.
c. The highest guardrail is less than 24 feet from existing grade and the highest ridge
is no more than 29 feet from existing grade, which comply with the maximum height
requirements.
d. The project includes enclosed and covered parking for a total of four (4) vehicles,
complying with the minimum two (2)-car space parking per unit requirement for
residential duplexes.
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3. The neighborhood is predominantly developed with two (2)-story residences and an
occasional three (3)-story, single-family residence. The proposed design, bulk, and
scale of the development is consistent with applicable development standards of the
zoning district and the expected future development of the neighborhood.
4. The finish floor elevation of the proposed duplex residence is 13.25 feet based on the
North American Vertical Datum of 1988 (NAVD 88), which complies with the minimum
9.0-foot (NAVD 88) elevation standard for new structures. Impacts from sea level rise
are not anticipated at this time for the 75-year economic life of the proposed
improvements.
5. 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 building
permits. Permit issuance is also contingent on the inclusion of design mitigation identified
in the investigations. Construction plans are reviewed for compliance with approved
investigations and CBC prior to building permit issuance.
6. Pursuant to Section 21.35.030 (Construction Pollution Prevention Plan) of the NBMC, a
Construction Erosion Control Plan was provided to implement temporary Best
Management Practices (BMPs) during construction to minimize erosion and sedimentation
and to minimize pollution of runoff and coastal waters derived by construction chemicals
and materials. The project design also addresses water quality through the inclusion of a
post-construction drainage system that includes drainage and percolation features
designed to retain dry weather and minor rain event runoff on-site. Any water not retained
on- storm drain system.
7. Pursuant to NBMC Section 21.35.050, due to the proximity of the development to the
shoreline and the development containing more than 75 percent of impervious surface
area, a Water Quality and Hydrology Plan (WQHP) is required. 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.
8. Proposed landscaping will comply Implementation Plan Section 21.30.075. A condition
of approval is included that requires drought-tolerant species. Prior to issuance of
building permits, the final landscape plans will be reviewed to verify invasive species are
not planted
9. The project site is located adjacent to a Coastal Viewpoint as identified in the Coastal Land
Use Plan. The nearest designated coastal viewpoint is approximately 40 feet away from
the project site, at the West Newport Park. The project site is directly across from the
The building
design features large glass windows throughout, frameless glass guardrails, and uses
modern lines and architectural treatments which provide for visual interest. T
compliance with height and setback development standards will prevent new impacts to
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02-03-2020
views of the coast as the new residence will maintain a building envelope consistent with
the existing neighborhood pattern of development.
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 within West Newport, between the nearest public road paralleling
the sea or shoreline and the sea or shoreline. Implementation Plan Section 21.30A.040
requires that the provision of public access bear a reasonable relationship between the
In this case, the
project replaces an existing residential duplex located on an R-2 lot with a new residential
duplex. 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.
2. Vertical access to the coast is available on either side of the project site via the Walnut
Street and Lugonia Street ends. Lateral access is provided on the beach and through the
West Ocean Front Alleyway. The project does not include any features that would obstruct
access along these routes.
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. CD2021-064,
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
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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
Sections 13111 through 13120, and Section 30603 of the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 13TH DAY OF JANUARY, 2022.
__________________________
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. 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,
whatsoever which
development. This letter shall be scanned into the plan set prior to building permit issuance.
3. 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.
4. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right-of-way.
5. This Coastal Development Permit does not authorize any development seaward of the
private property.
6. 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
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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.
7. 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.
8. 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.
9. 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.
10. 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.
11. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
12. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
13. 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.
14. 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.
15. 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.
16. 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.
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17. Prior to issuance of a building permit, a copy of the Resolution, including conditions of
plans.
18. 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.
19. Prior to issuance of building permits, the final WQMP shall be reviewed and approved
by the Building Division. Implementation shall be in compliance with the approved CPPP
and WQMP and any changes could require separate review and approval by the
Building Division.
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. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements of the NBMC. The maximum
noise shall be limited to no more than depicted below for the specified time periods
unless the ambient noise level is higher:
Between the hours of 7:00AM
and 10:00PM
Between the hours of
10:00PM and 7:00AM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within
100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
23. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise-generating construction activities that
produce noise to between the hours of 7 a.m. and 6:30 p.m., Monday through Friday.
Noise-generating construction activities are not allowed on Saturdays, Sundays or
Holidays.
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24. The project shall comply with the construction site fencing and noticing requirements as
provided in Chapter 15.60 of the NBMC
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
property owner or agent.
27. This Coastal Development Permit No. CD2021-064 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 NBMC, 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 Stein Residence including, but not limited to, Coastal Development Permit No.
CD2021-064 (PA2021-249). 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.
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Attachment No. ZA 2
Vicinity Map and Oblique Aerial
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VICINITY MAP
Coastal Development Permit No. CD2021-064
PA2021-249
6501 and 6503 Seashore Drive
Subject Property
Subject Property
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Attachment No. ZA 3
Project Plans
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BUILDING24
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