HomeMy WebLinkAbout07_Gunderson Residence CDP_PA2021-268CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
April 14, 2022
Agenda Item No. 7
SUBJECT: Gunderson Residence (PA2021-268)
▪Coastal Development Permit No. CD2021-069
SITE LOCATION: 139 North Bay Front
APPLICANT: Ian Harrison, Architect
OWNER: Gary and Dottie Gunderson
PLANNER: Chelsea Crager, Associate Planner
949-644-3227, ccrager@newportbeachca.gov
LAND USE AND ZONING
•General Plan Land Use Plan Category: RT (Two-Unit Residential)
•Zoning District: R-BI (Two-Unit Residential, Balboa Island)
•Coastal Land Use Plan Category: RT-E (Two Unit Residential) – (30.0 – 39.9
DU/AC)
•Coastal Zoning District: R-BI (Two-Unit Residential, Balboa Island)
PROJECT SUMMARY
A Coastal Development Permit (CDP) to allow the demolition of an existing single-family
residence and construction of a 2,302-square-foot, three-story, single-family residence with
an attached 416-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 from the Municipal Code 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. CD2021-069 (Attachment No. ZA 1).
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DISCUSSION
Land Use and Development Standards
• The subject property is located in the R-BI Coastal Zoning District, which provides for
two-unit residential development and is consistent with the City’s 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 property currently consists of one legal lot developed with a single-family
residence. The neighborhood is predominantly developed with two- and three-story
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 10 feet 10 feet
Sides 3 feet 3 feet
Rear 5 feet 5 feet
Allowable Floor Area (max.) 2,720 square feet 2,718 square feet
Allowable 3rd Floor Area (max.) 336 square feet 40 square feet
Allowable 3rd Floor Area &
Covered (max.)
840 square feet 570 square feet
Open Space (min.) 252 square feet 256 square feet
Parking (min.) 2-car garage 2-car garage
Height (max.) 24-foot flat roof
29-foot sloped roof
24-foot flat roof
29-foot sloped roof
Hazards
• The property is an oceanfront lot that is separated from the ocean by a public
boardwalk and City-owned concrete seawall/bulkhead. The bulkhead which protects
the subject property is part of a larger bulkhead system which surrounds Balboa
Island. No modification to the existing bulkhead is proposed with this project.
• A Coastal Hazards Report and Sea Level Rise Analysis was prepared by PMA
Consulting, Inc. dated October 29, 2021, for the project. The maximum bay water
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elevation is 7.7 feet North American Vertical Datum of 1988 (NAVD 88). The report
analyzes future sea level rise scenarios assuming a 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 10.7 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 finished floor elevation of the proposed single-family residence is 9.0 feet
(NAVD 88), which complies with the minimum 9.00-foot (NAVD88) elevation
standard. The Coastal Hazards Report concludes that the bay water elevation
(currently 7.7 feet NAVD 88) will not exceed the proposed finished floor elevation
around the single-family residence at 9.0 feet (NAVD 88) with flashing and
waterproofing up to 23 inches above the top of slab, for the anticipated 75-year life
of the structure. Flood shields (sandbags and other methods) can be deployed
across the openings to protect flooding to the structure.
• Pursuant to NBMC Section 21.30.030(C)(3)(i)(iv), 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
Waiver of Future Protection is included as a condition of approval that will need to be
satisfied prior to final building inspection.
• 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). The Acknowledgement
of Coastal Hazards is included as a condition of approval that will need to be satisfied
prior to the issuance of building permits.
• 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 within 100 feet of coastal waters. Pursuant to Section
21.35.030 (Construction Pollution Prevention Plan) of the Municipal Code, a
Construction Pollution Prevention Plan (CPPP) is required to implement temporary
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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 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 (WQHP) is required. A preliminary WQHP has been
prepared for the project by RCE Consultants, Inc., dated October 23, 2021. The
WQHP includes a polluted runoff and hydrologic site characterization, a sizing
standard for BMPs, use of an LID approach to retain the design storm runoff volume
on site, and documentation of the expected effectiveness of the proposed BMPs.
Construction plans will be reviewed for compliance with the approved WQHP prior to
building permit issuance.
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
reasonable relationship between the requirement and the project’s impact and be
proportional to the impact. In this case, the project replaces an existing single-family
residence located on a standard R-BI 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.
• 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 the Balboa
Yacht Basin, which is approximately 1,300 feet northeast from the project site. The
nearest coastal view corridor is Bayside Drive from Marine Avenue to Harbor Island
Drive, which is approximately 1,400 feet north from the project site. As currently
developed, the existing property and other residences located along North Bay Front
are located within these viewsheds. However, due to the distance of the proposed
development from public viewpoints and the project’s compliance with all applicable
development standards, including height and setbacks, the project will not impact
existing coastal views.
• Vertical access to the bay front public sidewalk and Newport Bay is available
approximately 85 feet east and 185 feet west of the site where North Bay Front
intersects Emerald Avenue and Park Avenue. The project does not include any
features that would obstruct access along these routes.
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• The front of the proposed residence, which is visible from North Bay Front, contains
substantial architectural treatment and visual interest, in-keeping with the design
guidelines of the Zoning Code and the new structure would comply with required
setbacks. Lastly, the design includes modulation of volume throughout the
structure. Therefore, the project does not have the potential to degrade the visual
quality of the Coastal Zone or result in significant adverse impacts to existing public
views.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the
CEQA Guidelines, California Code of Regulations, Title 14, 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 2,302-square-
foot, three-story, single-family residence with an attached 416-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 Program
[LCP] 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
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(Appeal to the Coastal Commission) of the City’s certified LCP and Title 14 California Code
of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. For
additional information on filing an appeal, contact the Planning Division at 949-644-3200.
Prepared by:
MS/cc
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
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Attachment No. ZA 1
Draft Resolution
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10-18-2021
RESOLUTION NO. ZA2022-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2021-069 TO DEMOLISH AN
EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A
NEW THREE (3)-STORY SINGLE-FAMILY RESIDENCE AND
ATTACHED TWO (2)-CAR GARAGE LOCATED AT 139 NORTH
BAY FRONT (PA2021-268)
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, with respect to property located at 139 North Bay
Front, requesting approval of a coastal development permit.
2. The lot at 139 North Bay Front is legally described as a portion of Lot 10 and a portion of
Lot 11 of the Balboa Island Subdivision.
3. The applicant proposes a coastal development permit to allow the demolition of an existing
single-family residence and construction of a 2,302-square-foot, three (3)-story, single-
family residence with an attached 416-square-foot, two (2)-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 from the municipal code are requested.
4. The subject property is designated RT (Two Unit Residential) by the General Plan Land
Use Element and is located within the R-BI (Two-Unit Residential, Balboa Island) Zoning
District.
5. 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 is located within the
R-BI (Two-Unit Residential, Balboa Island) Coastal Zone District.
6. A public hearing was held on April 14, 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, Article 19 of Chapter 3, Guidelines for Implementation of the
California Environmental Quality Act (CEQA) under Class 3 (New Construction or
Conversion of Small Structures), because it has no potential to have a significant effect
on the environment.
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2. Class 3 exempts the demolition of up to three (3) single-family residences and additions
of up to 10,000 square feet to existing structures. The proposed project consists of the
demolition of one (1) single-family residence and the construction of a new 2,302-
square-foot, three (3)-story, single-family residence and attached 416-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 2,720 square feet and the proposed floor area
is 2,718 square feet.
b. The proposed development provides the minimum required setbacks, which are 10
feet along the front property line, 3 feet along the side property lines, and 5 feet
along the rear property line.
c. The highest guardrail is less than 24 feet from established grade (9.00 feet North
American Vertical Datum of 1988 [NAVD 88]) and the highest ridge is no more than
29 feet from established grade, which comply with the maximum height
requirements.
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)- and three (3)-story, single-
family residences. The proposed design, bulk, and scale of the development is
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consistent with the existing neighborhood pattern of development and expected future
development consistent with applicable development standards.
3. The property is an oceanfront lot that is separated from the ocean by a public boardwalk
and City-owned concrete seawall/bulkhead. The bulkhead which protects the subject
property is part of a larger bulkhead system which surrounds Balboa Island. No
modification to the existing bulkhead is proposed with this project.
4. A Coastal Hazards Report and Sea Level Rise Analysis was prepared by PMA
Consulting, Inc. dated October 29, 2021, for the project. The maximum bay water
elevation is 7.7 feet North American Vertical Datum of 1988 (NAVD 88). The report
analyzes future sea level rise scenarios assuming a 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 10.7 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).
5. The finished floor elevation of the proposed single-family residence is 9.0 feet (NAVD
88), which complies with the minimum 9.00-foot (NAVD88) elevation standard. The
Coastal Hazards Report concludes that the bay water elevation (currently 7.7 feet NAVD
88) will not exceed the proposed finished floor elevation around the single-family
residence at 9.0 feet (NAVD 88) with flashing and waterproofing up to 23 inches above
the top of slab, for the anticipated 75-year life of the structure. Flood shields (sandbags
and other methods) can be deployed across the openings to protect flooding to the
structure.
6. The report concludes that flooding, wave runup and erosion will not significantly impact
this property over the life of the proposed development. The need for any additional
shoreline protective device is not anticipated over the economic life of the proposed
development to protect it from flooding, wave runup, or erosion.
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
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.
8. 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 Acknowledgement of Coastal Hazards is included as a condition of
approval that will need to be satisfied prior to the issuance of building permits.
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9. 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 Waiver of Future Protection is included as a condition of
approval that will need to be satisfied prior to final building inspection.
10. The property is located within 100 feet of coastal waters. Pursuant to Section 21.35.030
(Construction Pollution Prevention Plan) of the Municipal Code, 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 will be reviewed by the City’s Engineer Geologist.
Construction plans and activities will be required to adhere to the approved CPPP.
11. 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 75 percent of impervious surface area, a preliminary Water Quality and Hydrology
Plan (WQHP) is required. A preliminary WQHP has been prepared for the project by RCE
Consultants, Inc., dated October 23, 2021. The WQHP includes a polluted runoff and
hydrologic site characterization, a sizing standard for BMPs, use of an LID approach to
retain the design storm runoff volume on site, and documentation of the expected
effectiveness of the proposed BMPs. Construction plans will be reviewed for compliance
with the approved WQHP prior to building permit issuance.
12. Proposed landscaping complies with 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.
13. The front of the proposed residence, which is visible from North Bay Front, contains
substantial architectural treatment and visual interest, in-keeping with the design
guidelines of the Zoning Code and the new structure would comply with required
setbacks. Lastly, the design includes modulation of volume throughout the structure.
Therefore, the project does not have the potential to degrade the visual quality of the
Coastal Zone or result in significant adverse impacts to existing public views.
Finding:
B. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone.
Facts in Support of Finding:
1. 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
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Impacts) requires that the provision of public access bear a reasonable relationship
between the requirement and the project’s impact and be proportional to the impact. In
this case, the project replaces an existing single-family residence located on a standard
R-BI 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.
2. Vertical access to the bay front public sidewalk and Newport Bay is available approximately
85 feet east and 185 feet west of the site where North Bay Front intersects Emerald Avenue
and Park Avenue. The project does not include any features that would obstruct access
along these routes.
3. 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 the Balboa Yacht Basin,
which is approximately 1,300 feet northeast from the project site. The nearest coastal view
corridor is Bayside Drive from Marine Avenue to Harbor Island Drive, which is
approximately 1,400 feet north from the project site. As currently developed, the existing
property and other residences located along North Bay Front are located within these
viewsheds. However, due to the distance of the proposed development from public
viewpoints and the project’s compliance with all applicable development standards,
including height and setbacks, the project will not impact existing coastal views.
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. CD2021-069 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 Program (LCP) Implementation Plan, of the Newport Beach Municipal Code.
Final action taken by the City may be appealed to the Coastal Commission in
compliance with Section 21.64.035 (Appeal to the Coastal Commission) of the City’s
certified LCP and Title 14 California Code of Regulations, Sections 13111 through
13120, and Section 30603 of the Coastal Act.
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PASSED, APPROVED, AND ADOPTED THIS 14TH DAY OF APRIL, 2022.
_____________________________________
Jaime Murillo, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval (except as
modified by applicable conditions of approval).
2. Prior to final of building permits, the existing seawall shall be reinforced and capped to
10.90 feet (NAVD 88) and capable to be raised up to 14.4 feet (NAVD 88), in compliance
with the City of Newport Beach Waterfront Project Guidelines and Standards, Harbor
Design Criteria Commercial & Residential Facilities
3. Prior to issuance of building permits, a waterproofing curb or similar design feature shall
be constructed around the proposed residence as an adaptive flood protection device
up to a minimum of 10.9 feet (NAVD 88). Flood shields (sandbags and other methods)
can be deployed across the openings to protect and prevent flooding to the structure.
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,
attorney’s fees, disbursements and court costs) of every kind and nature whatsoever which
may arise from or in any manner relate (directly or indirectly) to City’s approval of
development. This letter shall be scanned into the plan set prior to building permit issuance.
6. No demolition or construction materials, equipment debris, or waste, shall be placed or
stored in a location that would enter sensitive habitat, receiving waters, or a storm drain
or result in impacts to environmentally sensitive habitat areas, streams, the beach,
wetlands or their buffers. No demolition or construction materials shall be stored on
public property.
7. 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
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nesting season from February 1 to August 15, compliance with the following is required
to prevent the taking of native birds pursuant to MBTA:
A. The construction area shall be inspected for active nests. If birds are observed flying
from a nest or sitting on a nest, it can be assumed that the nest is active. Construction
activity within 300 feet of an active nest shall be delayed until the nest is no longer
active. Continue to observe the nest until the chicks have left the nest and activity is no
longer observed. When the nest is no longer active, construction activity can continue
in the nest area.
B. It is a violation of state and federal law to kill or harm a native bird. To ensure
compliance, consider hiring a biologist to assist with the survey for nesting birds, and
to determine when it is safe to commence construction activities. If an active nest is
found, one or two short follow-up surveys will be necessary to check on the nest and
determine when the nest is no longer active.
8. 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.
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. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
13. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
14. 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.
15. 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
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Zoning Administrator Resolution No. ZA2022-###
Page 9 of 10
10-05-2021
to property or improvements in the vicinity or if the property is operated or maintained
so as to constitute a public nuisance.
16. 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.
17. 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.
18. Prior to issuance of a building permit, a copy of the Resolution, including conditions of
approval Exhibit “A” shall be incorporated into the Building Division and field sets of
plans.
19. Prior to issuance of a building permit, 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.
20. 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.
21. 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.
22. 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.
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 7:00 a.m. and 6:30 p.m., Monday through Friday.
Noise-generating construction activities are not allowed on Saturdays, Sundays or
Holidays.
24. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements of the Newport Beach Municipal
Code. The maximum noise shall be limited to no more than depicted below for the
specified time periods unless the ambient noise level is higher:
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10-05-2021
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
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. CD2021-069 shall expire unless exercised within 24
months from the date of approval as specified in Section 21.54.060 (Time Limits and
Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise
granted.
28. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless
City, its City Council, its boards and commissions, officials, officers, employees, and agents
from and against any and all claims, demands, obligations, damages, actions, causes of
action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including
without limitation, attorney’s fees, disbursements and court costs) of every kind and nature
whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s
approval of Gunderson Residence including, but not limited to, Coastal Development
Permit No. CD2021-069 (PA2021-268). 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
18
VICINITY MAP
Coastal Development Permit No. CD2021-069
PA2021-268
139 North Bay Front
Subject Property
Subject Property
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Attachment No. ZA 3
Project Plans
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