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HomeMy WebLinkAbout05_Kamps Residence CDP_PA2022-006 03/13/2018 CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT March 24, 2022 Agenda Item No. 5 SUBJECT: Kamps Residence (PA2022-006) Coastal Development Permit No. CD2022-006 SITE LOCATION: 1802 and 1802 ½ West Ocean Front APPLICANT: William Guidero OWNER: Rod and Amy Kamps PLANNER: David S. Lee, Associate Planner 949-644-3225, dlee@newportbeachca.gov LAND USE AND ZONING General Plan: RM (Multiple Residential) Zoning District: RM (Multiple Residential) Coastal Land Use Category: RM-E (Multiple Unit Residential) (30.0-39.9 DU/AC) Coastal Zoning District: RM (Multiple Residential) PROJECT SUMMARY A request for a coastal development permit to allow the demolition of an existing duplex and the construction of a new three (3)-story, 2,857-square-foot, single-family residence with an attached 793-square-foot accessory dwelling unit (ADU) and an attached 630-square- foot attached two-car garage. The proposed development also includes additional appurtenances such as walls, fences, patios, hardscape, drainage devices, and landscaping. 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. CD2022-006 (Attachment No. ZA 1). 1 Kamps Residence (PA2022-006) Zoning Administrator, March 24, 2022 Page 2 Tmplt: 04/03/18 DISCUSSION Land Use and Development Standards The subject property is located in the RM Coastal Zoning District, which provides for single- and multi-unit residential development and Coastal Land 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 subject property is legally described as Lot 2 of Block 18. The neighborhood is predominantly developed with two (2)- and three (3)-story single- and multi-unit residences. The proposed two (2)- bulk, and scale of the development is consistent with the existing neighborhood pattern of development and expected future development (Figure 1). Figure 1: Aerial Image Subject Property 2 Kamps Residence (PA2022-006) Zoning Administrator, March 24, 2022 Page 3 Tmplt: 04/03/18 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 (W. Ocean Front) 7 feet 10 feet Rear (Abutting Alley) None 4 feet Sides 3 feet 3 feet Allowable Floor Area 4,397 sq. ft. 4,280 sq. ft. ADU Floor Area 850 sq. ft. 793 sq. ft. Open Space (min.) 343 sq. ft. 356 sq. ft. Parking (min.) 2-car garage 2-car garage Height (max.) 28 feet flat roof 33 feet sloped roof 28 feet flat roof 33 feet sloped roof Hazards A Coastal Hazards Report was prepared by Geosoils, Inc. on December 29, 2021. The project site is separated from the ocean by the West Ocean Front boardwalk and a wide sandy beach (approximately 460 feet from the mean high tide line). The report concludes that the highest high tide elevation (currently 7.7 feet NAVD 88) will not exceed 10.9 feet (NAVD 88) using the low-risk aversion projected sea level rise (3.2-foot increase) over the 75-year design life of the structure based on estimates for sea level rise provided by the State of California Sea-Level Rise Guidance 2018. The estimated sea level rise over the next 75 years, using the Medium-High Risk Aversion, is potentially 6 feet (13.7 feet NAVD 88). Additionally, the site has not historically been subject to any wave overtopping, nor is overtopping waters over the next 75 years expected to reach the subject site, even under extreme conditions. Based on the data provided, the study concludes that coastal hazards will not impact the property over the next 75 years, as the proposed project has minimal risk from flooding. As conditioned pursuant to Newport Beach Municipal Code (NBMC) Section 21.30.030(C)(3)(i)(iv) - (Bulkheads for nonresidential and residential waterfront development), 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) (Nonresidential Waterfront Development, Development 3 Kamps Residence (PA2022-006) Zoning Administrator, March 24, 2022 Page 4 Tmplt: 04/03/18 Standards). Both requirements are included as conditions of approval that will need to be satisfied prior to the issuance of building permits for construction. 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 the CBC prior to building permit issuance. Public Access 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 reasonabl proportional to the impact. In this case, the project replaces an existing duplex with a new single-family residence and attached ADU. 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 located between 18th and 19th Street, which are identified by the Coastal Land Use Plan as public beach access locations. The project does not interfere with the existing nearby access to the beach. The project site is not located adjacent to a coastal view road, public viewpoint, public park, or public accessway, as identified in the Coastal Land Use Plan. The project is located adjacent to a public beach as designated by the Coastal Land Use Plan. The project may be located within the viewshed of other distant public viewing areas. Site evaluation revealed that the proposed three (3)-story design is consistent with the existing neighborhood pattern of development and will not affect the existing views afforded from the 18th and 19th Street ends. The project will replace an existing duplex with a new single-family residence and attached ADU 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. Water Quality The applicant provided an Erosion Control Plan to implement temporary Best Management Practices (BMPs) during construction to minimize erosion and sedimentation and to minimize pollution runoff and coastal waters derived by 4 Kamps Residence (PA2022-006) Zoning Administrator, March 24, 2022 Page 5 Tmplt: 04/03/18 construction chemicals and materials. The Erosion Control Plan will be reviewed to adhere to the approved Erosion Control Plan. Pursuant to 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 2,500 square feet of impervious surface area, a Water Quality Management Plan (WQMP) is required. A WQMP prepared by Thomas Ruiz, Civil Engineer, dated January 6, 2022, has been submitted and will runoff and hydrologic site characterization, a sizing standard for BMPs, use of a LID approach to retain the design storm runoff volume on site, and documentation of the expected effectiveness of the proposed BMPs. 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. The Class 3 exemption includes the construction of limited numbers of new, small structures, including one single- family residence. The proposed project is a new single-family residence located in the R-1 Coastal Zoning District. There are no known exceptions listed in CEQA Guidelines Section 15300.2 that would invalidate the use of these exemptions. 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. 5 Kamps Residence (PA2022-006) Zoning Administrator, March 24, 2022 Page 6 Tmplt: 04/03/18 Prepared by: ___________________________ David S. Lee, Associate Planner MS/dl Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Project Plans 6 03/13/2018 Attachment No. ZA 1 Draft Resolution 7 RESOLUTION NO. ZA2022-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2022-006 FOR THE DEMOLITION OF AN EXISTING DUPLEX AND THE CONSTRUCTION OF A NEW THREE (3)-STORY, 2,857-SQUARE- FOOT, SINGLE-FAMILY RESIDENCE WITH AN ATTACHED 793- SQUARE-FOOT ACCESSORY DWELLING UNIT AND A 630- SQUARE-FOOT ATTACHED TWO (2)-CAR GARAGE LOCATED AT 1802 AND 1802 ½ WEST OCEAN FRONT (PA2022-006) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by William Guidero, with respect to property located at 1802 and 1802 ½ West Ocean Front, and legally described as Lot 2 of Block 18, requesting approval of a Coastal Development Permit. 2. The applicant proposes the demolition of an existing duplex and the construction of a new three (3)-story, 2,857-square-foot, single-family residence with an attached 793-square- foot accessory dwelling unit (ADU) and an attached 630-square-foot attached two (2)-car garage. The proposed development also includes additional appurtenances such as walls, fences, patios, hardscape, drainage devices, and landscaping. 3. The subject property is located within the Multiple Residential (RM) Zoning District and the General Plan Land Use Element category is Multiple Residential (RM). The RM Zoning District permits single-unit residential dwellings. 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Multiple Unit Residential (30.0 39.9 DU/AC) (RM-E) and the Coastal Zoning District is Multiple Residential (RM). 5. A public hearing was held on March 24, 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. 8 Zoning Administrator Resolution No. ZA2022-### Page 2 of 9 01-03-17 2. Class 3 exempts the construction of limited numbers of new, small structures, including one (1) single-family residence. The proposed project is a new single-family residence located in the RM Coastal Zoning District. SECTION 3. REQUIRED FINDINGS. In accordance with Section 21.52.015 (Findings and Decision) of the Newport Beach Municipal Code (NBMC), the following findings and facts in support of such findings are set forth: Finding: A. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The proposed development complies with applicable residential development standards including, but not limited to, floor area limitation, setbacks, height, and parking. a. The maximum floor area limitation is 4,397 square feet and the proposed floor area is 4,280 square feet. b. The proposed development complies with the required setbacks, which are 7 feet abutting the West Ocean Front and 3 feet along each side property line. There is no setback requirement abutting West Ocean Front Alley. c. The highest guardrail/parapet is below 28 feet from established grade and the highest ridge is 33 feet from established grade. The proposed development complies with all height requirements. d. The proposed development provides a two (2)-car garage, complying with the minimum garage requirement for a single-family residence. e. The maximum floor area for a one-bedroom ADU is 850 square feet and the proposed ADU is 793 square feet. f. The proposed development complies with the minimum 9.0-foot North American Vertical Datum of 1988 (NAVD 88) top of slab elevation requirement for interior living areas of new structures. 2. The neighborhood is predominantly developed with two (2)- and three (3)-story single- and multi-unit residences. The proposed two (2)-design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development and expected future development. 3. The finish floor elevation of the proposed dwelling is 13.5 feet (NAVD88), which complies with the minimum 9.0-foot (NAVD88) elevation standard. 9 Zoning Administrator Resolution No. ZA2022-### Page 3 of 9 01-03-17 4. A Coastal Hazards Report was prepared by Geosoils, Inc. on December 29, 2021. The project site is separated from the ocean by the West Ocean Front boardwalk and a wide sandy beach (approximately 460 feet from the mean high tide line). The report concludes that the highest high tide elevation (currently 7.7 feet NAVD 88) will not exceed 10.9 feet (NAVD 88) using the low-risk aversion projected sea level rise (3.2-foot increase) over the 75-year design life of the structure based on estimates for sea level rise provided by the State of California Sea-Level Rise Guidance 2018. The estimated sea level rise over the next 75 years, using the Medium-High Risk Aversion, is potentially 6 feet (13.7 feet NAVD 88). Additionally, the site has not historically been subject to any wave overtopping, nor is overtopping waters over the next 75 years expected to reach the subject site, even under extreme conditions. Based on the data provided, the study concludes that coastal hazards will not impact the property over the next 75 years, as the proposed project has minimal risk from flooding. 5. Pursuant to 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 2,500 square feet of impervious surface area, a Water Quality Management Plan (WQMP) is required. A WQMP prepared by Thomas Ruiz, Civil Engineer, dated January 6, 2022, Geologist. The WQMP includes a polluted runoff and hydrologic site characterization, a sizing standard for BMPs, use of a LID approach to retain the design storm runoff volume on site, and documentation of the expected effectiveness of the proposed BMPs. 6. The property is located in an area known for the potential of seismic activity and liquefaction. All projects are required to comply with the California Building Code (CBC) and Building Division standards and policies. Geotechnical investigations specifically addressing liquefaction are required to be reviewed and approved prior to the issuance of building permits. Permit issuance is also contingent on the inclusion of design mitigation identified in the investigations. Construction plans are reviewed for compliance with approved investigations and the CBC prior to building permit issuance. 7. The project site is not located adjacent to a coastal view road, public viewpoint, public park, or public accessway, as identified in the Coastal Land Use Plan. The project is located adjacent to a public beach as designated by the Coastal Land Use Plan. The project may be located within the viewshed of other distant public viewing areas. Site evaluation revealed that the proposed three (3)-story design is consistent with the existing neighborhood pattern of development and will not affect the existing views afforded from the 18th and 19th Street street ends. The project will replace an existing duplex with a new single-family residence and attached ADU 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. 10 Zoning Administrator Resolution No. ZA2022-### Page 4 of 9 01-03-17 Finding: B. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. Facts in Support of Finding: 1. The project site is located 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 impact. In this case, the project replaces an existing duplex with a new single-family residence and attached ADU. 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. 2. The project site is located between 18 th and 19th Street, which are identified by the Coastal Land Use Plan as public beach access locations. The project does not interfere with the existing nearby access to the beach. 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 (Conversion or Construction 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. CD2022-006, 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 (NBMC). 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) Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. 11 Zoning Administrator Resolution No. ZA2022-### Page 5 of 9 01-03-17 PASSED, APPROVED, AND ADOPTED THIS 24TH DAY OF MARCH, 2022. _____________________________________ Jaime Murillo, Zoning Administrator 12 Zoning Administrator Resolution No. ZA2022-### Page 6 of 9 01-03-17 CONDITIONS OF APPROVAL Planning Division 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. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new Coastal Development Permit. 3. Coastal Development Permit No. CD2022-006 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 (NBMC), unless an extension is otherwise granted. 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 to address the threat of damage or destruction from waves, erosion, storm conditions, landslides, seismic activity, bluff retreat, sea level rise, or other natural hazards that may affect the property, or development of the property, today or in the future. The agreement shall be binding against the property owners and successors and assigns. 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, may arise from or in any manner relate (directly or indirec development. 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. 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. All proposed accessory structures located within setback areas shall comply with applicable height limits consistent with Zoning Code Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls). 13 Zoning Administrator Resolution No. ZA2022-### Page 7 of 9 01-03-17 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. 14 Zoning Administrator Resolution No. ZA2022-### Page 8 of 9 01-03-17 15. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 16. All principal structures shall be waterproofed to a minimum height of 14.4 feet NAVD 88. 17. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Coastal Development Permit. 18. This Coastal Development Permit may be modified or revoked by the Zoning Administrator if determined that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 19. Prior to the issuance of building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 20. 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 either the current business owner, property owner, or the leasing agent. 21. 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 whatsoever which may arise from or in any manner relate (directly or indirectl approval of Kamps Residence including, but not limited to, Coastal Development Permit No. CD2022-006 (PA2022-006). 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. Building Division 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 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 drainage and grading plan. The plan shall be subject to the review and approval by the Building Division. 15 Zoning Administrator Resolution No. ZA2022-### Page 9 of 9 01-03-17 24. Prior to issuance of the building permits, a copy of the Resolution, including conditions shall be incorporated into the Building Division and field sets of plans. 25. 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. 26. Prior to issuance of building permits, the applicant shall submit a soils report which include recommendations for construction on liquefiable soils. Additionally, the building foundation shall comply with the minimum requirements of the City of Newport Beach Building Code Policy CBC 1803.5.11-12. 16 03/13/2018 Attachment No. ZA 2 Vicinity Map 17 03/13/2018 VICINITY MAP Coastal Development Permit No. CD2022-006 PA2022-006 1802 and 1802 ½ West Ocean Front Subject Property 18 Tmplt: 04/03/18 Attachment No. ZA 3 Project Plans 19 20 21 22 23 24 25 26 27 28 CLBLOCK 18SECTION BM.M. 4/27LOT 2LOT 1LOT 3VICINITY MAPHUNTINGTON BEACH, CALIFORNIA 92646PHONE:(714)488-5006 FAX:(714)333-4440 APEXLSINC@GMAIL.COMAUDOMIRAF RFESSONALLANDURVEYOGRAPHIC SCALE29 30 31 From: Rehm, Zach@Coastal <Zach.Rehm@coastal.ca.gov> Sent: March 21, 2022 5:35 PM To: Achis, Patrick <PAchis@newportbeachca.gov> Cc: guiderodesign@gmail.com Subject: Project File PA-2022-006, CDP App No CD2022-006 [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Hi Patrick, please provide the following comments from Coastal Commission staff to the applicant and the zoning administrator for the referenced item. The application to demolish two housing units and construct one housing unit and an accessory dwelling unit is inconsistent with California housing law (Senate Bill 330) which does not allow local governments to approve projects which result in a net loss of housing. The State legislature has clarified through Senate Bill 8 that construction of single family homes are housing development projects (the City previously misinterpreted single family homes to be exempt pursuant to ambiguous language in SB330). The notice indicates that the project was filed January 7, 2022 which is after the date which applications might have received some amnesty due to the misinterpretation. The Coastal Land Use Plan provides that development be consistent with the RM-E (Multiple-Unit Residential) land use, which a single family home and ADU are not. For both of those reasons, the proposed development cannot be approved. These are preliminary comments based on review of the City's hearing notice; staff may have additional comments as the project develops. Feel free to call me to discuss. -- Zach Rehm District Supervisor California Coastal Commission 301 E. Ocean Blvd, Suite 300 Long Beach, CA 90802 (562) 590-5071 To submit an appeal, emergency permit application, or PRA request please email: southcoast@coastal.ca.gov Zoning Administrator - March 24, 2022 Item No. 5a Additional Materials Received Kamps Residence CDP_PA2022-006