HomeMy WebLinkAbout03_319 VIA LIDO SOUD, LLC Residence CDP_PA2022-014CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
June 16, 2022
Agenda Item No. 3
SUBJECT:319 VIA LIDO SOUD, LLC Residence (PA2022-014)
Coastal Development Permit No. CD2022-007
SITE LOCATION:319 Via Lido Soud
APPLICANT: Brandon Architects
OWNER:319 VIA LIDO SOUD, LLC
PLANNER: Liane Schuller, Planning Consultant
lschuller@newportbeachca.gov
LAND USE AND ZONING
General Plan: RS-D (Single Unit Residential Detached)
Zoning District: R-1 (Single-Unit Residential)
Coastal Land Use Category: RSD-C (Single Unit Residential Detached -- 10.0 – 19.9
DU/AC)
Coastal Zoning District: R-1 (Single-Unit Residential)
PROJECT SUMMARY
The applicant requests a coastal development permit (CDP) to allow the demolition of an
existing single-family residence and construction of a new, two-story 5,170-square-foot
single-family residence and attached 764-square-foot, three-car garage. The project
includes the raising and reinforcing of an existing bulkhead for protection against coastal
hazards. The project also includes additional appurtenances such as site walls, fences,
patios, a spa, drainage devices, and landscaping. The design complies with all applicable
development standards, including height, setbacks, and floor area limit, and no deviations
are requested. All improvements are shown on the attached project plans (Attachment
No. ZA 3).
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. CD2022-007 (Attachment No. ZA 1).
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DISCUSSION
Land Use and Development Standards
The project is located in the R-1 Zoning District, which allows a maximum of one
residential dwelling unit on a single legal lot and is consistent with the City’s Coastal
Land Use Plan, General Plan, and Zoning Code. A CDP is required, and the property
is not eligible for a Waiver for De Minimis Development because the property is
located in the Appeal Area.
The property consists of one legal lot containing an existing single-family residence.
The neighborhood is predominantly developed with one- and two-story, single-
family residences. The design, bulk, and scale of the proposed development is
consistent with the existing and anticipated neighborhood pattern of development.
The proposed single-family residence 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 (waterfront) 10 feet 10 feet
Sides 4 feet 4 feet
Front (Via Lido) 4 feet 4 feet
Floor Area (max.)7,900 square feet (max.) 5,934 square feet
Open Volume Area (min.) 593 square feet (min.) 895 square feet
Parking 3-car garage 3-car garage
Height 24 feet flat roof
29 feet sloped roof
24 feet flat roof
29 feet sloped roof
Hazards
The project site is protected by an existing bulkhead that will be raised and reinforced
for protection against coastal hazards. The existing bulkhead will be increased in
height from 9.58 feet North American Vertical Datum of 1988 (NAVD88) to a height
of 12.60 feet (NAVD88). The bulkhead can be raised to 14.4 feet without further
bayward encroachment to protect the property if needed in the future. The finished
floor elevation of the first floor of the existing living area is 13.11 feet (NAVD88), which
exceeds the minimum 9.0-foot (NAVD88) elevation standard for new structures and
exceeds the minimum requirements for sea level rise (10.6 feet NAVD88) for the
anticipated 75-year life of the structure.
A Coastal Hazards Report and Sea Level Rise Analysis was prepared by PMA
Consulting, Inc., dated January 10, 2022, for the project. The current maximum
bay water elevation is 7.7 (NAVD88) and is not expected to exceed the 12.60 feet
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(NAVD88) top of bulkhead elevation during high tide or storm events. The report
analyzes future sea level rise scenarios assuming a 3.05-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 10.75 feet (NAVD88)
(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).
On March 23, 2021, the City Council approved updated Waterfront Project Design
Guidelines and Standards, Harbor Design Criteria Commercial & Residential
Facilities. The guidelines require that any bulkhead structure permitted within the
years 2021 through 2025 must have a minimum bulkhead elevation of 10.9 feet
(NAVD88) with a design for adaptability elevation of 14.4 feet (NAVD88). The
project has been conditioned to raise the bulkhead to an elevation of 10.9 feet
(NAVD88). PMA Consulting, Inc. has confirmed the bulkhead design can be raised
up to 14.4 feet (NAVD88) if needed and in compliance with the updated guidelines.
Pursuant to Newport Beach Municipal Code (NBMC) Section 21.30.030(C)(3)(i)(iv)
– (Development Standards - Protective Structures), 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). This requirement is included as a condition of approval that will need to be
satisfied prior to final building permit inspection, respectively
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 - Development Standards). This requirement is included as a condition
of approval that will need to be satisfied prior to the issuance of building permits,
respectively.
The property is located in an area known for the potential of seismic activity and
liquefaction. All projects are required to comply with the California Building Code
(CBC) and Building Division standards and policies. Geotechnical investigations
specifically addressing liquefaction are required to be reviewed and approved prior
to the issuance of 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.
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Water Quality
The property is adjacent to Newport Bay. 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 construction
plans, and activities will be required to adhere to the CPPP.
Public Access
The project site is located between the nearest public road and the sea or shoreline;
however, the project will not affect the public’s ability to gain access to use and/or
view the coast and nearby recreational facilities. The existing residential development
neither provides nor inhibits public coastal access. 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
will replace an existing single-family residence 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.
The project is designed and sited so as not block or impede existing public access
opportunities and occurs within the confines of private property. Existing coastal
access conditions will not be affected by the project. Coastal access is currently
provided and will continue to be provided at the nearby homeowner’s association
property at 405 Via Lido Soud with access to the beach and water.
The project site is not located adjacent to a coastal view road or coastal viewpoint
identified by Local Coastal Program maps. The project site may be located within
the viewshed of distant public viewing areas; however, the project will replace an
existing single-family residence with a new single-family residence that complies
with all applicable Local Coastal Program (LCP) development standards. It will also
maintain a building envelope consistent with the existing and anticipated
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.
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.
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Class 3 exempts the construction and location of limited numbers of new, small facilities
or structures including one single-family residence in a residential zone. The proposed
project consists of the demolition of an existing single-family residence and the
construction of a new two-story, 5,170-square-foot, single-family residence with an
attached 764-square-foot, three-car garage in the R-1 Zoning District.
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 NBMC. 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 949-644-3204.
Prepared by:
MKN/ls
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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RESOLUTION NO. ZA2022-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING
COASTAL DEVELOPMENT PERMIT NO. CD2022-007 TO
DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND
CONSTRUCT A NEW TWO (2)-STORY, SINGLE-FAMILY
RESIDENCE WITH AN ATTACHED THREE (3)-CAR GARAGE AT
319 VIA LIDO SOUD (PA2022-014)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Brandon Architects (“Applicant”), on behalf of 319 VIA LIDO
SOUD, LLC (“Owner”), with respect to property located at 319 Via Lido Soud, requesting
approval of a coastal development permit (“CDP”).
2. The property is legally described as Lot 908 and southeasterly one (1)-half of Lot 907 of
Tract 907, in the City of Newport Beach, County of Orange, State of California.
3. The Applicant proposes to demolish an existing single-family residence and construction
of a new, two (2)-story 5,170-square-foot single-family residence and attached 764-
square-foot, three (3)-car garage. The project includes the raising and reinforcing of an
existing bulkhead for protection against coastal hazards. The project also includes
additional appurtenances such as site walls, fences, patios, a spa, drainage devices, and
landscaping. The design complies with all applicable development standards, including
height, setbacks, and floor area limit, and no deviations are requested
4. The subject property is designated RS-D (Single Unit Residential Detached) by the
General Plan Land Use Element and is located within the R-1 (Single-Unit Residential)
Zoning District.
5. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is RSD-C (Single Unit Residential Detached – 10.0 - 19.9 DU/AC) and the
property is located within the R-1 (Single-Unit Residential) Coastal Zone District.
6. A public hearing was held on June 16, 2022, 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 demolition and construction of limited numbers of new, small
facilities or structures including a single-family residence in a residential zone. The
proposed project consists of the demolition of an existing single-family residence and
the construction of a new 5,170-square-foot, single-family residence with an attached
764-square-foot garage in the R-1 Zoning District and is consistent with this exemption.
SECTION 3. REQUIRED FINDINGS.
In accordance with Newport Beach Municipal Code (“NBMC”) Section 21.52.015 (Coastal
Development Permits, Findings and Decision), 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 (LCP).
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 total proposed floor area, including the residence and enclosed parking,
is 5,934 square feet, which complies with the maximum allowable floor area
limit of 7,900 square feet.
B. The proposed development will provide the minimum required setbacks,
which are ten (10) feet along the front property line abutting waterfront, four
(4) feet along the front property line abutting Via Lido Soud, and four (4) feet
along each side property line.
C. The highest guardrail is no more than 24 feet in height, and the highest roof
ridge is no more than 29 feet in height, measured from the established grade
level of 12.44 feet based on the North American Vertical Datum of 1988
(“NAVD88”), which complies with the maximum height limitation.
D. The project includes enclosed garage parking for three (3) vehicles, which
complies with the minimum parking requirement for single-family residences
with more than 4,000 square feet of habitable floor area.
2. The neighborhood is predominantly developed with one (1)- and two (2)-story, single-
family residences. The proposed design, bulk, and scale of the development will be
consistent with the existing neighborhood pattern of development and expected future
development.
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3. The project site is protected by an existing bulkhead that will be raised and reinforced for
protection against coastal hazards. The existing bulkhead will be increased in height from
9.58 feet North American Vertical Datum of 1988 (NAVD88) to a height of 12.60 feet
(NAVD88). The bulkhead can be raised to 14.4 feet without further bayward encroachment
to protect the property if needed in the future. The finished floor elevation of the first floor
of the existing living area is 13.11 feet (NAVD88), which exceeds the minimum 9.0-foot
(NAVD88) elevation standard for new structures and exceeds the minimum requirements
for sea level rise (10.75 feet NAVD88) for the anticipated 75-year life of the structure.
4. A Coastal Hazards Report and Sea Level Rise Analysis was prepared by PMA
Consulting, Inc., dated January 10, 2022, for the project. The current maximum bay
water elevation is 7.7 (NAVD88) and is not expected to exceed the 12.60 feet (NAVD88)
top of bulkhead elevation during high tide or storm events. The report analyzes future
sea level rise scenarios assuming a 3.05-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 10.75 feet (NAVD88) (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. On March 23, 2021, the City Council approved updated Waterfront Project Design
Guidelines and Standards, Harbor Design Criteria Commercial & Residential Facilities.
The guidelines require that any bulkhead structure permitted within the years 2021
through 2025 must have a minimum bulkhead elevation of 10.9 feet (NAVD88) with a
design for adaptability elevation of 14.4 feet (NAVD88). The project has been
conditioned to raise the bulkhead to an elevation of 10.9 feet (NAVD88). PMA Consulting
Inc., Inc. has confirmed the bulkhead design can be raised up to 14.4 feet (NAVD88) if
needed and in compliance with the updated guidelines.
6. Pursuant to Newport Beach Municipal Code (NBMC) Section 21.30.030(C)(3)(i)(iv) –
(Development Standards - Protective Structures), 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).
7. 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 -
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.
8. 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.
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9. 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 Water Quality and Hydrology Plan (WQHP)
is required. A preliminary WQHP has been prepared for the project by Forkert Engineering
& Surveying, Inc., dated January 11, 2022. The WQHP includes a polluted runoff and
hydrologic site characterization, a sizing standard for BMPs, use of a Low Impact
Development (LID) approach to retain the design storm runoff volume on site, and
documentation of the expected effectiveness of the proposed BMPs.
10. The project design addresses water quality with a construction erosion control plan that
outlines temporary Best Management Practices (BMPs) to be implemented during
construction to minimize erosion and sedimentation, and to minimize pollution of runoff
derived by construction chemicals and materials. No water quality impacts to coastal
waters are anticipated based upon the location and elevation of the property.
11. New landscaping will be verified for compliance with NBMC Section 21.30.075
(Landscaping). Condition of Approval No. 11 is included to require drought-tolerant, and
prohibits invasive, species. Prior to issuance of the building permits, the final landscape
plans will be reviewed to verify invasive species are not planted.
12. The project site is not located adjacent to a coastal view road, public viewpoint, public park,
or beach, or public accessway, as identified in the Coastal Land Use Plan. The closest
public viewpoint is located at the Via Lido bridge 1,200 feet to the northwest. Furthermore,
an investigation of the project site and surrounding area did not identify any other public
view opportunities. The project site may be located within the viewshed of distant public
viewing areas however the project is located on a coastal lot and will replace an existing
single-family home with a new single-family home that complies with all applicable Local
Coastal Program 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.
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;
however, the project will not affect the public’s ability to gain access to use and/or view the
coast and nearby recreational facilities. The existing residential development neither
provides nor inhibits public coastal access. 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 involves replacement of an
existing single-family residence with a new single-family residence. Therefore, the project
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does not involve a change in land use, density, or intensity that will result in increased
demand on public access and recreation opportunities.
2. The project is designed and sited so as not block or impede existing public access
opportunities and occurs within the confines of private property. Existing coastal access
conditions will not be affected by the project. Coastal access is currently provided and will
continue to be provided at the nearby homeowner’s association property at 405 Via Lido
Soud with access to the beach and water.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2022-007,subject to the conditions set forth in Exhibit “A,”
which is attached hereto and incorporated by reference.
2. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal or call for review is filed with the
Community Development Director in accordance with the provisions of Title 21 Local
Coastal Implementation Plan, of the Newport Beach Municipal Code. Final action taken
by the City may be appealed to the Coastal Commission in compliance with Section
21.64.035 (Appeal to the Coastal Commission) of the City’s certified LCP and Title 14
California Code of Regulations, Sections 13111 through 13120, and Section 30603 of
the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 16TH DAY OF JUNE, 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. CD2022-007 shall expire unless exercised within 24
months from the date of approval as specified in NBMC Section 21.54.060 (Time Limits
and Extensions), unless an extension is otherwise granted.
4. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
5. 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.
6. 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.
7. 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.
8.Prior to issuance of a building permit, Certificate of Compliance No. CO2022-008 shall
be recorded.
9. Prior to the issuance of building permit, 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.
10. Prior to the issuance of a building permit, the property owner shall sign 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
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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, judgements, 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. The letter shall be scanned into the plan set prior to building
permit issuance.
11. Prior to the 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.
12. 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.
13. 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, wetland or their
buffers.
14. 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.
15. 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. Stockpiles 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.
16. 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.
17. Prior to the issuance of a building permit, the Applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
18. 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.
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19. 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 the 319 VIA LIDO SOUD, LLCResidence including, but not limited to, Coastal
Development Permit No. CD2022-007 (PA2022-014). 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.
Public Works Department
20. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
21. Prior to issuance of final building permits, an encroachment permit is required for all
work activities within the public right-of-way/easement area.
22. Prior to issuance of final building permits, the proposed decorative hardscape within the
utility easement requires an encroachment permit and encroachment agreement.
23. Any damaged curb and gutter shall be reconstructed per City Standard.
24. All improvements shall comply with the City’s sight distance requirement. See City
Standard STD# 110.
Fire Department
25. Prior to issuance of final building permits, fire sprinklers shall be required for this project.
Building Division
26. The property is located in Special Flood Hazard Area AE8. Prior to issuance of building
permits, the project must comply with NBMC 15.50 and 15.05.100.
27. The property is in a Soils Liquefaction Seismic Hazard Area. Prior to issuance of building
permits, the soils report must include recommendations for construction on liquefiable
soils including calculations for seismic settlement according to City of Newport Beach
Building Code Policy CBC 1803.5 and the building foundation must comply with Policy
CBC 1805.5.11-12.
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Zoning Administrator Resolution No. ZA2022-###
Page 9 of 9
28. Prior to issuance of building permits, a Water Quality Management Plan (WQMP) is
required. If some soil runoff drains into Newport Bay (an Environmentally Sensitive
Receiving Water), approval by the Public Works/Harbor Department will be required.
29. Prior to issuance of building permits, the top elevation of the sea wall shall be required
to comply with the requirements set forth in Table 2 of the City of Newport Beach Harbor
Design Criteria, dated January 25, 2022.
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Coastal Development Permit No. CD2022-007
PA2022-014
319 Via Lido Soud
Subject Property
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Attachment No. ZA 3
Project Plans
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BASIS OF BEARINGS THE BASIS OF BEARINGS SHOWN HEREON ARE BASED ONTHE CENTERLINE OF VIA LIDO SOUD HAVING A BEARING OF• •••••••••• •• • • •• • • • • •• • ••• ••••• •• •••••••••• ••••••••••••••••••••••••••••••••••••••••••••••VICINITY MAPBENCHMARK INFORMATIONLEGAL DESCRIPTIONREAL PROPERTY SITUATED IN THE CITY OF NEWPORT BEACH,COUNTY OF ORANGE, STATE OF CALIFORNIA AND ISDESCRIBED AS FOLLOWS:THE SOUTHEASTERLY ONE-HALF OF LOT 907, ALL OF LOT 908,AND THE NORTHWESTERLY ONE-HALF OF LOT 909 IN TRACTNO. 907, IN THE CITY OF NEWPORT BEACH, COUNTY OFORANGE, STATE OF CALIFORNIA AS PER MAP RECORDED INBOOK 28, PAGES 25-36, OF MISCELLANEOUS MAPS IN THEOFFICE OF THE COUNTY RECORDER OF SAID COUNTY.LCEXISTING ELEVATIONLEGEND( )ACASPHALT PAVEMENTFOUND MONUMENTSEARCHED, FOUND NOTHING; SETNOTHINGFSFLFINISHED SURFACEFLOWLINEFFGFINISHED FLOOR GARAGECONCRETE SURFACET.B.M.TEMPORARY BENCHMARKSET ON A SEWER MANHOLEELEVATION = 12.68 FEETPAUL D. CRAFT, P.L.S. 8516 DATENOTE: SECTION 8770.6 OF THE CALIFORNIA BUSINESS AND PROFESSIONS CODESTATES THAT THE USE OF THE WORD CERTIFY OR CERTIFICATION BY ALICENSED LAND SURVEYOR IN THE PRACTICE OF LAND SURVEYING OR THEPREPARATION OF MAPS, PLATS, REPORTS, DESCRIPTIONS OR OTHER SURVEYINGDOCUMENTS ONLY CONSTITUTES AN EXPRESSION OF PROFESSIONAL OPINIONREGARDING THOSE FACTS OR FINDINGS WHICH ARE THE SUBJECT OF THECERTIFICATION AND DOES NOT CONSTITUTE A WARRANTY OR GUARANTEE,EITHER EXPRESSED OR IMPLIED.LICENSE RENEWAL DATE 12/31/22PAULDOMINICKCRAFT
PROFESSIONALLANDSURVEYOR
FFFINISHED FLOORWATER METERWMEGEDGE OF GUTTERGAS METERGMCENTERLINETCTOP OF CURBGRAPHIC SCALESURVEYOR OR ENGINEER SHALL PERMANENTLY MONUMENT PROPERTYCORNERS OR OFFSETS BEFORE STARTING GRADING.PLEASE CALL PAUL CRAFT @ 714-488-5006 TO SCHEDULE.SURVEYOR'S NOTESBLOCK WALLWATERNGNATURAL GROUNDBENCHMARK NO: NB3-12-70DESCRIBED BY OCS 2002 - FOUND 3 3\4" OCSALUMINUM BENCHMARK DISK STAMPED "NB3-12-70",SET IN THE NORTHWEST CORNER OF A 4 FT. BY4.5 FT. CONCRETE CATCH BASIN. MONUMENT ISLOCATED IN THE SOUTHEAST CORNER OF THEINTERSECTION OF VIA LIDO SOUD AND PIAZZAGENOA, 19.3 FT. NORTHEAST OF THE CENTERLINEOF VIA LIDO SOUD AND 4 FT. EASTERLY OF THESOUTHEAST BEGINNING OF CURB RETURN.MONUMENT IS SET LEVEL WITH THE SIDEWALKELEVATION: 11.852 FEET (NAVD88), YEAR LEVELED 2015ADAREA DRAINCATV CABLE TV BOXBXBOTTOM OF CURB XDODRAIN OUTLETCLM COLUMNEVTELECTRICAL VAULTFTNFOUNTAINICVIRRIGATION CONTROL VALVEPAPLANTER AREASMH SEWER MANHOLETGTOP OF GRATETMH TELEPHONE MANHOLETWTOP OF WALLTXTOP OF CURB XTITLE REPORT/EASEMENT NOTESTITLE REPORT PROVIDED BYLAWYERS TITLE COMPANY, FILENUMBER 221570989 .22
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