HomeMy WebLinkAbout05_Haag Residence CDP_PA2021-300
03/13/2018
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
May 12, 2022
Agenda Item No. 5
SUBJECT: Haag Residence (PA2021-300)
▪ Coastal Development Permit No. CD2021-078
SITE LOCATION: 4003 and 4003 ½ Marcus Avenue
APPLICANT/OWNER: Steve and Vinnie Haag
PLANNER: David S. Lee, Associate Planner
949-644-3225, dlee@newportbeachca.gov
LAND USE AND ZONING
• General Plan: RT (Two Unit Residential)
• Zoning District: R-2 (Two-Unit Residential)
• Coastal Land Use Category: RT-D (Two Unit Residential) – (20.0-29.9 DU/AC)
• Coastal Zoning District: R-2 (Two-Unit 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-story, 2,894-square-foot, single-family residence with
an attached 267-square-foot junior accessory dwelling unit (JADU) and an attached 403-
square-foot attached two-car garage. The project also includes the raising and reinforcing
of an existing bulkhead for protection against coastal hazards. All improvements are located
on private property and also includes 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. CD2021-078 (Attachment No. ZA 1).
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DISCUSSION
Land Use and Development Standards
• The subject property is located in the Two Unit Residential (R-2) Coastal Zoning
District, which provides for single- and 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 neighborhood is predominantly developed with two- and three-story single-
and two-unit residences. The proposed three-story structure’s design, 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
• 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.
Subject Property
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Table 1 – Development Standards
Development Standard Standard Proposed
Setbacks (min.)
Front (abutting bay) 20 feet 20 feet
Rear (abutting Marcus) 4 feet 4 feet
Sides 3 feet 3 feet
Allowable Floor Area 3,648 sq. ft. 3,564 sq. ft.
JADU Floor Area 500 sq. ft. 267 sq. ft.
Open Space (min.) 274 sq. ft. 281 sq. ft.
Parking (min.) 2-car garage 2-car garage
Height (max.) 24 feet flat roof
29 feet sloped roof
24 feet flat roof
29 feet sloped roof
Hazards
• A Coastal Hazards Report was prepared by PMA Consulting, Inc. on November
30, 2021. The project site directly abuts the Newport Bay and thus may be subject
to coastal hazards such as flooding, runup, and erosion. The report concludes that
the highest high tide elevation (currently 7.7 feet North American Vertical Datum
of 1988 [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). If the proposed seawall is not found to be adequate for the actual sea level
rise over the next 75 years, the seawall assembly allows the increase of height to
14.4 feet NAVD 88 without further seaward encroachment. 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.
• The project site is protected by an existing bulkhead. A bulkhead conditions report
was prepared for the project by PMA Consulting, Inc., dated November 30, 2021.
The report concludes that once the existing bulkhead is reinforced per the report’s
recommendations, flooding, wave runup, and erosion will not significantly impact
this property over the proposed 75-year economic life of the development.
• 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
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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
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.
• 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. Additionally, since the property is located in the AO1
Flood Zone, a minimum 10.0-foot NAVD 88 top of slab is required. The project
proposes a 10.0 feet NAVD 88 top of slab, which complies with the flood zone
requirements.
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
reasonable relationship between the requirement and the project’s impact and be
proportional to the impact. In this case, the project replaces an existing duplex with a
new single-family residence and attached JADU. 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 Channel Place and 40th 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. Vertical access to the bay is
available at the street ends of Channel Place and 40th Street. Lateral access is not
available near the project site.
• The project site is not located adjacent to a coastal view road or public accessway,
as identified in the Coastal Land Use Plan. The project is located approximately 300
feet from Newport Island Park, which is identified as a Public View Point by the
Coastal Land Use Plan. Additionally, the project may be located within the viewshed
of other distant public viewing areas. Site evaluation revealed that the proposed
three-story design is consistent with the existing neighborhood pattern of
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development and will not affect the existing views afforded from the surrounding
streets. The project will replace an existing duplex with a new single-family residence
and attached JADU 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
construction chemicals and materials. The Erosion Control Plan will be reviewed
by the City’s Engineer Geologist. Construction plans and activities will be required
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 December 9, 2021, has been submitted and will
be reviewed by the City’s Geologist Engineer. 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.
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 with an attached
JADU located in the R-2 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
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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
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:
___________________________
David S. Lee, Associate Planner
BMZ/dl
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
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03/13/2018
Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2022-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING
COASTAL DEVELOPMENT PERMIT NO. CD2021-078 FOR THE
DEMOLITION OF AN EXISTING DUPLEX AND THE
CONSTRUCTION OF A NEW THREE (3)-STORY, 2,894-SQUARE-
FOOT, SINGLE-FAMILY RESIDENCE WITH AN ATTACHED 267-
SQUARE-FOOT JUNIOR ACCESSORY DWELLING UNIT AND A
403-SQUARE-FOOT ATTACHED TWO (2)-CAR GARAGE
LOCATED AT 4003 AND 4003 ½ MARCUS AVENUE (PA2021-
300)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Steve and Vinnie Haag (Applicant), with respect to property
located at 4003 and 4003 ½ Marcus Avenue, and legally described as Lot 2 of Block 340,
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, 2,894-square-foot, single-family residence with an attached 267-square-
foot junior accessory dwelling unit (JADU) and an attached 403-square-foot, two (2)-car
garage. The project also includes the raising and reinforcing of an existing bulkhead for
protection against coastal hazards. All improvements are located on private property and
also includes appurtenances such as walls, fences, patios, hardscape, drainage devices,
and landscaping.
3. The subject property is located within the Two-Unit Residential (R-2) Zoning District and
the General Plan Land Use Element category is Two Unit Residential (RT). The R-2
Zoning District permits single- and two (2)-unit residential dwellings.
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Two Unit Residential (RT-D) (20.0 – 29.9 DU/AC) and the Coastal Zoning
District is Two-Unit Residential (R-2).
5. A public hearing was held on May 12, 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
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Conversion of Small Structures), because it has no potential to have a significant effect
on the environment.
2. Class 3 exempts the construction of limited numbers of new, small structures, including
one (1) single-family residence and an attached JADU. The proposed project is a new
single-family residence with an attached JADU located in the R-2 Coastal Zoning
District.
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(F) (Findings and Decision) of the NBMC, the following
findings and facts in support of such findings are set forth:
Finding:
A. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The proposed development complies with applicable residential development standards
including, but not limited to, floor area limitation, setbacks, height, and parking.
a. The maximum floor area limitation is 3,648 square feet and the proposed floor
area is 3,564 square feet.
b. The proposed development complies with the required setbacks, which are 20
feet abutting the bay, 4 feet abutting Marcus Avenue, and 3 feet along each side
property line.
c. The highest guardrail/parapet is below 24 feet from established grade and the
highest ridge is 29 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. The proposed JADU
does not require additional parking.
e. The maximum floor area for a one (1)-bedroom JADU is 500 square feet and the
proposed ADU is 267 square feet.
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f. The proposed development complies with the minimum 9.0-foot based on the
North American Vertical Datum of 1988 (NAVD 88) top of slab elevation
requirement for interior living areas of new structures. Additionally, since the
property is located in the AO1 Flood Zone, a minimum 10.0-foot NAVD 88 top of
slab is required. The project proposes a 10.0-foot NAVD 88 top of slab, which
complies with the flood zone requirements.
2. The project proposes to demolish the existing duplex on-site to construct a single-family
residence and attached JADU. As a result, the project complies with the Housing Crisis
Act of 2019 and Senate Bill 8 (Skinner) because it does not result in the loss of
residential density. The State Department of Housing and Community Development
(HCD) has verified with the City in an email dated March 23, 2022, that an ADU is
considered a housing unit under Government Code Section 66300 provisions to replace
existing units. The Property Owner has certified that the units are not "protected" units
under Section 66330 Subdivision (d)(2). The project is consistent with the General Plan,
Local Coastal Program, and Zoning designations that allow the single-family and
accessory dwelling unit land uses. Under Coastal Land Use Plan Table 2.1.1-1, the Two
Unit Residential (RT) category is intended to provide primarily for two (2)-family
residential development such as duplexes or townhomes. Implementation Program (IP)
Table 21.18-1 shows “Single-Unit Dwellings – Detached” and “Accessory Dwelling
Units” as allowed uses in the R-2 Coastal Zoning District. Therefore, the project of a
single-family residence and accessory dwelling unit to replace the existing duplex is
consistent with the R-2 zoning and land use designations and does not result in a loss
of residential density.
3. The neighborhood is predominantly developed with two (2)- and three (3)-story single-
and multi-unit residences. The proposed three (3)-story structure’s design, bulk, and
scale of the development is consistent with the existing neighborhood pattern of
development and expected future development.
4. The finish floor elevation of the proposed dwelling is 10.0 feet (NAVD 88), which
complies with the minimum 10.0-foot (NAVD 88) elevation standard of the AO1 Flood
Zone.
5. A Coastal Hazards Report were prepared by PMA Consulting, Inc. on November 30,
2021. The project site directly abuts the Newport Bay and thus may be subject to coastal
hazards such as flooding, runup, and erosion. 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). If the proposed seawall is not found to be adequate for the actual sea level rise
over the next 75 years, the seawall assembly allows the increase of height to 14.4 feet
(NAVD 88) without further seaward encroachment. 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
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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.
6. The project site is protected by an existing bulkhead. A bulkhead conditions report was
prepared for the project by PMA Consulting, Inc., dated November 30, 2021. The report
concludes that once the existing bulkhead is reinforced per the report’s
recommendations, flooding, wave runup, and erosion will not significantly impact this
property over the proposed 75-year economic life of the development.
7. 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
December 9, 2021, has been submitted and will be reviewed by the City’s Geologist
Engineer. 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.
8. Pursuant to NBMC Section 21.30.030(C)(3)(i)(iv) of the NBMC, 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). These requirements are included as
Conditions of Approval Numbers 4 and 5, and will need to be satisfied prior to final building
inspection, and prior to the issuance of building permits, respectively.
9. 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.
10. The project site is not located adjacent to a coastal view road, or public accessway, as
identified in the Coastal Land Use Plan. The project is located approximately 300 feet from
Newport Island Park, which is identified as a Public View Point by the Coastal Land Use
Plan. Additionally, 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 surrounding streets. The project will replace an existing
duplex with a new single-family residence and attached JADU 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.
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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
relationship between the requirement and the project’s impact and be proportional to the
impact. In this case, the project replaces an existing duplex with a new single-family
residence and attached JADU. 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. Fact in Support of Finding A.2 is hereby incorporated by reference.
3. The project site is located between Channel Place and 40th 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. Vertical access to the bay is available at the
street ends of Channel Place and 40th Street. Lateral access is not available near the
project site.
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 and that the exceptions to the
Class 3 Exemption do not apply.
2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2021-078, 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) of the City’s certified LCP and
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Title 14 California Code of Regulations, Sections 13111 through 13120, and Section
30603 of the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 12TH DAY OF MAY, 2022.
_____________________________
Jaime Murillo, Zoning Administrator
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EXHIBIT “A”
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. CD2021-078 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.
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.
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 Section 20.30.040 (Fences, Hedges, Walls, and
Retaining Walls) of the NBMC.
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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.
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Zoning Administrator Resolution No. ZA2022-###
Page 9 of 10
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
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 Haag Residence including, but not limited to, Coastal Development
Permit No. CD2021-078 (PA2021-300). 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.
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Zoning Administrator Resolution No. ZA2022-###
Page 10 of 10
01-03-17
24. Prior to issuance of the building permits, a copy of the Resolution, including conditions
of approval Exhibit “A” 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.
27. The project shall comply with all applicable standards of Flood Zone AO1 in NBMC
Section 15.50 and 15.05.100.
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03/13/2018
Attachment No. ZA 2
Vicinity Map
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03/13/2018
VICINITY MAP
Coastal Development Permit No. CD2021-078
PA2021-300
4003 and 4003 ½ Marcus Avenue
Subject Property
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Tmplt: 04/03/18
Attachment No. ZA 3
Project Plans
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