HomeMy WebLinkAbout03_Thomas James Homes Residence CDP_PA2022-046
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
June 30, 2022
Agenda Item No. 3
SUBJECT: Thomas James Homes Residence (PA2022-046)
Coastal Development Permit No. CD2022-015
SITE LOCATION: 4014 Channel Place
APPLICANT/OWNER: Thomas James Homes
PLANNER: Joselyn Perez, Assistant Planner
jperez@newportbeachca.gov, 949-644-3312
LAND USE AND ZONING
General Plan: Two Unit Residential (RT)
Zoning District: Two-Unit Residential (R-2)
Coastal Land Use Category: Two Unit Residential - (20.0 - 29.9 DU/AC) (RT-D)
Coastal Zoning District: Two-Unit Residential (R-2)
PROJECT SUMMARY
A coastal development permit (CDP) to allow the demolition of an existing single-family
residence and the construction of a new three-story 2,486-square-foot single-family
residence with attached 365-square-foot, two-car garage. The project also includes the
construction of landscaping, hardscaping, drainage, and site walls. The design complies
with all applicable development standards and no deviations are requested. All
improvements authorized by this CDP will be located on private property.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant
to Section 15303 under Class 3 (New Construction or Conversion of Small Structures)
of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter
3, because it has no potential to have a significant effect on the environment and the
exceptions to this exemption do not apply; and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development
Permit No. CD2022-015 (Attachment No. ZA 1).
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DISCUSSION
Land Use and Development Standards
The subject property is in the R-2 Coastal Zoning District, which provides for both
two-unit and single-unit residential development and
Coastal Land Use Plan (CLUP), 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 and a bulkhead. The surrounding neighborhood is predominantly
developed with a mix of both two-story single-family residences and duplexes as
demonstrated in attachment No. ZA 2 Vicinity Map. The proposed design, bulk,
and scale of the proposed development is consistent with the existing
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 (Channel Pl) 3 feet 3 feet
Sides 3 feet 3 feet
Front (Water) 20 feet 20 feet
Allowable Floor Area (max.) 3,066 square feet 2,851 square feet
Allowable 3rd Floor Area (max.) 306 square feet 306 square feet
Allowable 3rd Floor Area and
Covered (max.)
766 square feet 611 square feet
Open Space (min.) 230 square feet 253 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 development fronts the Newport Bay and is protected by an existing bulkhead
with a top of bulkhead elevation of 8.47 feet based on the North American Vertical
Datum of 1988 (NAVD 88). A bulkhead condition report was prepared by PMA
Consulting, Inc. dated January 6, 2022. The report concludes that while the
bulkhead is in good condition with minor, repairable cracks, it should be reinforced
through the installation of new tiebacks and new deadmen. Once the bulkhead is
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reinforced in accordance with the report, no repair or replacement of the bulkhead
is anticipated within the next 75 years.
A Coastal Hazards Report and Sea Level Rise Analysis was prepared for the
project by PMA Consulting, Inc., dated January 6, 2022. The report states that the
current maximum bay water elevation is 7.7 feet (NAVD 88) and may exceed the
existing bulkhead during high tide or storm events. The report analyzes future sea
level rise scenarios assuming a 3.2-foot increase in the maximum water level over
the next 75 years (i.e., the life of the structure). The sea level is estimated to reach
approximately 10.9 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).
On March 23, 2021, the City Council approved updated Waterfront Project Design
Guidelines and Standards, Harbor Design Criteria Commercial and Residential
Facilities. The guidelines require that any structure permitted within the years 2021
through 2025 must have a minimum bulkhead elevation of 10.9 feet (NAVD 88)
with a design for adaptability elevation of 14.4 feet (NAVD 88). The proposed
bulkhead design proposes a top of bulkhead elevation of 10.9 feet (NAVD 88) with
future adaptability of up to 14.4 feet (NAVD 88).
Once the existing bulkhead is raised and reinforced per the recommendations of the
previously mentioned reports, flooding, wave runup, and erosion will not significantly
impact this property over the proposed 75-year economic life of the development.
The finished floor elevation of the proposed single-family residence is 9.6 feet
(NAVD 88), which complies with the minimum 9.00-foot (NAVD 88) elevation
standard.
The property is in an area known for the potential of seismic activity and liquefaction.
All projects are required to comply with the California Building Code (CBC) and
Building Division standards and policies. Geotechnical investigations specifically
addressing liquefaction are required to be reviewed and approved prior to the
issuance of a building permit. Permit issuance is also contingent on the inclusion of
design mitigation identified in the investigations. Construction plans are reviewed for
compliance with approved investigations and CBC prior to building permit issuance.
Pursuant to Section 21. 30.030(C)(3)(i)(iv) (Development Standards - Protective
Structures) of the Newport Beach Municipal Code (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
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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).
Water Quality
Pursuant to Section 21.35.030 (Construction Pollution Prevention Plan) of the
NBMC, a Construction Pollution Prevention Plan (CPPP) is required to implement
temporary Best Management Practices (BMPs) during construction to minimize
erosion and sedimentation and to minimize pollution of runoff and coastal waters
derived from construction chemicals and materials. A CPPP has been provided and
construction plans, and activities will be required to adhere to the CPPP.
Pursuant to Section 21. 35.050 (Water Quality and Hydrology Plan) of the NBMC,
due to the proximity of the development to the shoreline and the development
containing more than 75 percent of impervious surface area, a Water Quality and
Hydrology Plan (WQHP) is required. The WQHP includes a polluted runoff and
hydrologic site characterization, a sizing standard for Best Management Practices
BMPs), use of an LID (Low Impact Development) 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.
The project design addresses water quality with a construction erosion control plan
and a post-construction drainage system that includes drainage and percolation
features designed to retain dry weather runoff and minor rain event runoff on-site.
Any water not retained on-site is directed to the Ci
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
and be
proportional to the impact. In this case, the project replaces an existing single-family
residence located on a standard R-2 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.
coast and nearby recreational facilities. Vertical access to the bay front is available
adjacent at the terminus of 40th Street and the Newport Bay. Lateral access to the
bay front is provided at the west terminus of Channel Place and the Newport Bay.
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The project does not include any features that would obstruct access along these
routes.
The closest designated public viewpoint is located at Channel Place Park
approximately 500 feet west of the property across the bay. The proposed residence
is not located near Coastal View Roads, as designated in the Coastal Land Use Plan.
Due to the distance of the proposed development from the public viewpoints and the
standards, including height and setbacks, the project will not impact coastal 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.
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 project would demolish the existing
single-family residence to construct a new three-story 2,486-square-foot single-family
residence with attached 365-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 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 Program
[LCP] Implementation Plan) of the 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
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Commission)
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:
BMZ/jp
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, CALIFORNIA, APPROVING
COASTAL DEVELOPMENT PERMIT NO. CD2022-015 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 4014 CHANNEL PLACE (PA2022-046)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Thomas James Homes (Applicant), with respect to property
located at 4014 Channel Place, requesting approval of a coastal development permit
(CDP).
2. The lot at 4014 Channel Place is legally described as Lot 8, Block 441, Channel Section.
3. The Applicant proposes the demolition of an existing single-family residence and the
construction of a new three (3)-story 2,486-square-foot single-family residence with
attached 365-square-foot, two (2)-car garage. The project also includes the construction
of landscaping, hardscaping, drainage, and site walls. The design complies with all
applicable development standards and no deviations are requested. All improvements
authorized by this CDP will be located on private property.
4. The subject property is designated RT (Two Unit Residential) by the General Plan Land
Use Element and is located within the R-2 (Two-Unit Residential) Zoning District.
5. 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 it is located within the
Two-Unit Residential (R-2) Coastal Zone District.
6. A public hearing was held on June 30, 2022, online via Zoom. A notice of time, place and
purpose of the hearing was given in accordance with the Newport Beach Municipal Code
(NBMC). Evidence, both written and oral, was presented to, and considered by, the
Zoning Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is categorically exempt pursuant to Title 14 of the California Code of
Regulations Section 15303, Division 6, Chapter 3, Guidelines for Implementation of the
California Environmental Quality Act (CEQA) under Class 3 (New Construction or
Conversion of Small Structures), because it has no potential to have a significant effect on
the environment.
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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 2,486-
square-foot single-family residence with attached 365-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 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 3,066 square feet and the proposed floor area
is 2,851 square feet.
b. The proposed development provides the minimum required setbacks, which are 3
feet along the front property line abutting Channel Place, 3 feet along each side
property line and 20 feet along the second front property line abutting the Newport
Bay.
c. The highest guardrail is less than 24 feet from established grade of 9.00 feet based
on the North American Vertical Datum of 1988 (NAVD 88). The highest ridge is no
more than 29 feet from established grade. The project complies with the maximum
height requirements.
d. The project includes garage parking for a total of two (2), 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 surrounding neighborhood is predominantly developed with a mix of both two (2)-
story single-family residences and duplexes The proposed design, bulk, and scale of
the proposed development is consistent with the existing neighborhood pattern of
development.
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3. A Coastal Hazards Report and Sea Level Rise Analysis was prepared by PMA
Consulting, Inc. dated January 6, 2022, for the project. The report states that the current
maximum bay water elevation is 7.7 feet (NAVD 88). The report analyzes future sea level
rise scenarios assuming a 3.2-foot increase in the maximum water level over the next 75
years (i.e., the life of the structure). The sea level is estimated to reach approximately 10.9
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). On March 23, 2021, the City Council approved
updated Waterfront Project Design Guidelines and Standards, Harbor Design Criteria
Commercial and Residential Facilities. The guidelines require that any structure
permitted within the years 2021 through 2025 must have a minimum bulkhead elevation
of 10.9 feet (NAVD 88) with a design for adaptability elevation of 14.4 feet (NAVD 88).
The proposed bulkhead design maintains a minimum top of wall elevation of 10.9 feet
(NAVD 88) with future adaptability of up to 14.4 feet (NAVD 88).
4. The project site is protected by an existing bulkhead A bulkhead conditions report was
prepared for the project by PMA Consulting, Inc., dated January 6, 2022. The report
concludes that once the existing bulkhead is raised and r
recommendations, flooding, wave runup, and erosion will not significantly impact this
property over the proposed 75-year economic life of the development. Condition of
Approval No. 2 requires the bulkhead be raised to an elevation of 10.90 (NAVD 88) with
a design adaptability of elevation of 14.4 feet (NAVD 88).
5. The finished floor elevation of the proposed single-family residence is 9.0 feet (NAVD
88), which complies with the minimum 9.00 feet (NAVD 88) elevation standard.
6. Pursuant to 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
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). This requirement is included as a condition of approval that will
need to be satisfied prior to the issuance of building permits, respectively.
8. The property is in an area known for the potential of seismic activity and liquefaction. All
projects are required to comply with the California Building Code (CBC) and Building
Division standards and policies. Geotechnical investigations specifically addressing
liquefaction are required to be reviewed and approved prior to the issuance of building
permits. Permit issuance is also contingent on the inclusion of design mitigation identified
in the investigations. Construction plans are reviewed for compliance with approved
investigations and CBC prior to building permit issuance.
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9. A Construction Erosion Control Plan was provided to implement temporary Best
Management Practices (BMPs) during construction to minimize erosion and sedimentation
and to minimize pollution of runoff and coastal waters derived by construction chemicals
and materials. The project design also addresses water quality through the inclusion of a
post-construction drainage system that includes drainage and percolation features
designed to retain dry weather and minor rain event runoff on-site. Any water not retained
on- system.
10. Pursuant to Section 21. 35.050 (Water Quality and Hydrology Plan) of the NBMC, due to
the proximity of the development to the shoreline and the development containing more
than 75 percent of impervious surface area, a Water Quality and Hydrology Plan (WQHP)
is required. The WQHP includes a polluted runoff and hydrologic site characterization, a
sizing standard for Best Management Practices BMPs), use of an LID (Low Impact
Development) 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.
11. Proposed landscaping complies with Implementation Plan Section 21.30.075
(Landscaping). 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.
12. The closest designated public viewpoint is
located at Channel Place Park approximately 500 feet west of the property across the
bay. The proposed residence is not located near Coastal View Roads, as designated in
the Coastal Land Use Plan. Due to the distance of the proposed development from the
standards, including height and setbacks, the project will not impact coastal 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
Impacts) requires that the provision of public access bear a reasonable relationship
bet and be proportional to the impact. In this
case, the project replaces an existing single-family residence located on standard R-2 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.
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2. Vertical access to the bay front is available adjacent at the terminus of 40th Street and the
Newport Bay. Lateral access to the bay front is provided at the west terminus of Channel
Place and the Newport Bay. The project does not include any features that would obstruct
access along these routes.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has
no potential to have a significant effect on the environment. The exceptions to this
categorical exemption under Section 15300.2 are not applicable. The project location
does not impact an environmental resource of hazardous or critical concern, does not
result in cumulative impacts, does not have a significant effect on the environment due
to unusual circumstances, does not damage scenic resources within a state scenic
highway, is not a hazardous waste site, and is not identified as a historical resource.
2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2022-015, 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 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 NBMC. Final action taken by the City may be appealed to the
Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603
of the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 30TH DAY OF JUNE, 2022.
_____________________________________
Jaime Murillo, Zoning Administrator
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CONDITIONS OF APPROVAL
(Project Specific Conditions Italicized)
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 and Residential Facilities and in accordance with the
recommendations provided in the Coastal Hazards Report and Sea Level Rise Analysis
prepared by PMA Consulting, dated January 6, 2022.
3. Prior to issuance of building permits, the project plans shall be updated to reflect that
waterproofing or similar design feature will be constructed around the proposed
residence as an adaptive flood protection device up to a minimum of 10.9 feet
(NAVD88). Flood shields (sand bags and other barriers) 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 including the
repair and maintenance, enhancement, reinforcement, or any other activity affecting the
bulkhead, that results in any encroachment seaward of the authorized footprint of the
bulkhead or other shoreline protective device. 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,
attorne
development. This letter shall be scanned into the plan set prior to building permit issuance.
6. This approval does not authorize any new or existing improvements (including
landscaping) on California Coastal Permit Jurisdiction, State tidelands, public beaches,
or the public right-of-way. Any improvements located on tidelands, submerged lands,
and/or lands that may be subject to the public trust shall require a coastal development
permit (CDP) approved by the California Coastal Commission (Coastal Commission).
Prior to the issuance of building permits, the Applicant shall provide a copy of said
coastal development permit or CDP waiver or documentation from the Coastal
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Commission that subject improvements are not subject to the permit requirements of
the Coastal Act and/or not located within the permit jurisdiction of the Coastal
Commission.
7. 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.
8. This Coastal Development Permit does not authorize any development seaward of the
private property.
9. 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.
10. 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.
11. 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.
12. 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.
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13. 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.
14. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
15. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
16. 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.
17. 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.
18.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.
19.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.
20.Prior to issuance of a building permit, a copy of the Resolution, including conditions of
plans.
21.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.
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
approved CPPP and 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 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.
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Zoning Administrator Resolution No. ZA2022-###
Page 9 of 10
10-05-2021
24. 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.
25. Construction activities shall comply with Section 10.28.040 (Construction Activity
Noise Regulations) of the NBMC, 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, and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction
activities are not allowed on Saturdays, Sundays or Holidays.
26. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements of the NBMC. The maximum
noise shall be limited to no more than depicted below for the specified time periods
unless the ambient noise level is higher:
Between the hours of 7 AM and
10 PM
Between the hours of 10 PM
and 7 AM
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
27. 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.
28. 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.
29. This Coastal Development Permit No. CD2022-015shall 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.
30. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold harmless
City, its City Council, its boards and commissions, officials, officers, employees, and agents
from and against any and all claims, demands, obligations, damages, actions, causes of
action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including
approval of Thomas James Homes Residence including, but not limited to, Coastal
Development Permit No. CD2022-015 (PA2022-046). 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,
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Zoning Administrator Resolution No. ZA2022-###
Page 10 of 10
10-05-2021
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
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VICINITY MAP
Coastal Development Permit No. CD2022-015
PA2022-046
4014 Channel Place
Subject Property
Subject Property
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Attachment No. ZA 3
Project Plans
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XXXXXXNEWPORT BAYCHANNEL PLACEL:\1730931 - TJH 4014 CHANNEL PLACE - NEWPORT ISLAND\06-CAD\02-SHEETS\24 X 36\0931-L2.101-CNST-PLNT-PLAN.DWGBRIGHTVIEW DESIGN GROUP EXPRESSLY RESERVES ITSCOMMON LAW COPYRIGHT AND OTHER PROPERTY RIGHTSTO THESE PLANS. THESE PLANS ARE NOT TO BEREPRODUCED OR MODIFIED IN ANY FORM OR MANNER NORARE THEY TO BE ASSIGNED TO A THIRD PARTY WITHOUTFIRST OBTAINING THE WRITTEN PERMISSION AND CONSENTOF BRIGHTVIEW DESIGN GROUP.nowKbelow.before dig.youwhat's8allC11RPLAN SET ISSUE DATEPROJECT STATUS LOG:ABC02/03/2204/20/2206/10/22AGENCY SUBMITTAL #1AGENCY SUBMITTAL #2AGENCY SUBMITTAL #3THOMAS JAMES HOMES4014 CHANNEL PLACELANDSCAPE DEVELOPMENT PLANSNEWPORT BEACH, CAAGENCY SUBMITTAL #3REFER TO THE SHEET INDEX ONSHEET L0.000 FOR A COMPLETELIST OF DRAWINGS.38
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