HomeMy WebLinkAbout02_Smith 507, LLC Residence_PA2022-067CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
August 2, 2022
Agenda Item No. 2
SUBJECT: Smith 507, LLC Residence (PA2022-067)
•Coastal Development Permit No. CD2022-023
SITE
LOCATION: 1616 West Ocean Front
APPLICANT: Brandon Architects
OWNER: Smith 507, LLC
PLANNER: Liane Schuller, Planning Consultant
lschuller@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
The applicant requests a coastal development permit (CDP) to construct a new, three-story
2,287-square-foot single-family residence and attached 476-square-foot two-car garage on
a vacant lot. The project includes additional appurtenances such as site walls, fences,
patios, 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. CD2022-023 (Attachment No. ZA 1).
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DISCUSSION
Land Use and Development Standards
• The project is located in the R-2 Zoning District, which allows a maximum of two
residential dwelling units on a single legal lot. The project is consistent with the City’s
Coastal Land Use Plan, General Plan, and Zoning Code. The project will replace an
existing triplex that was demolished in 2020 (approved with a CDP under PA2019-
245) with a new single-family home that complies with all applicable development
standards. The project is not required to comply with SB 330 since the application for
a CDP to demolish the triplex was submitted in 2019. A CDP is required for a new
residence not located in the categorical exclusion area, 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 vacant lot. The neighborhood is predominantly
developed with two-story, single- and multiple-family residences. Newer
development may be three-stories in height. 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 9 feet 9 feet
Sides 3 feet 3 feet
Rear 0 feet 1 foot
Floor Area (max.) 4,482 square feet (max.) 2,763 square feet
(including garage)
3rd Floor Area (max.) 448 square feet (max) 246 square feet
Open Volume Area (min.) 336 square feet (min.) 498 square feet
Parking 2-car garage 2-car garage
Height 24 feet flat roof
29 feet sloped roof
24 feet flat roof
29 feet sloped roof
Hazards
• The property is an oceanfront lot that is separated from the ocean by sandy beach
with an average width of more than 500 feet and the public Ocean Front boardwalk.
PMA Consulting, Inc. prepared a Coastal Hazards and Wave Runup Study dated
February 16, 2022, for the project. The report concludes that the long-term shoreline
erosion rate is small, if any long-term erosion occurs at all. Flooding, wave runup,
and erosion will not impact the project site over the proposed life of development. A
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beach width of 200 feet is recognized by coastal engineers as sufficiently wide to
protect landward development. The PMA Consulting, Inc. study also concludes that
there is no anticipated need for a shore protection device over the economic life of
the proposed structure to protect it from flooding, runup or erosion.
• The maximum bay water elevation is 7.7 feet NAVD 88 (North American Vertical
Datum of 1988 (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) up to year 2100. Therefore, 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 up to year 2100 of the structure based on low risk aversion
estimates for sea level rise provided by the State of California, Sea Level Rise
Guidance: 2018 Update). The anticipated sea level of 10.9 feet (NAVD88) in year
2100 is not expected to exceed the first-floor habitable floor elevation of 11.33 feet
(NAVD 88) during high tide or storm events.
• The finished floor elevation of the first habitable floor of the proposed structure is
11.33 feet North American Vertical Datum of 1988 (NAVD 88), which exceeds the
minimum 9.0-foot (NAVD 88) elevation standard for new structures and exceeds the
minimum requirements for projected sea level rise (10.1 feet NAVD 88). Flood
shields (sandbags and other barriers) can be deployed across the openings to
protect and prevent flooding to the structure. The report concludes that the proposed
project will be safe from flooding hazards for the next 75 years.
• 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.
• 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.
• 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
• Pursuant to Municipal Code Section 21.35.050 (Water Quality and Hydrology Plan),
due to the proximity of the development to the shoreline and the development
containing more than 75 percent of impervious surface area, a preliminary Water
Quality and Hydrology Plan (WQHP) is required. A preliminary WQMP has been
prepared for the project by Toal Engineering, Inc. dated, March 21, 2022. The WQHP
suggests runoff will follow existing patterns and an infiltration trench will be
constructed along the Ocean Front to allow low flows to infiltrate into the ground. The
geotechnical report does not recommend the use of infiltration best management
practices (BMPs) here. Therefore, runoff in excess of the infiltration BMP capacity
will flow through drain lines and outlet on the east sideyard concrete swale and
surface flow of the existing alleyway swale and follow existing patterns of discharge.
Construction plans will be reviewed for compliance with the approved WQHP prior to
building permit issuance.
• The development, as proposed and conditioned, incorporates design features to
minimize the effect of construction and post-construction activities on the marine
environment. These design features include, but are not limited to, the appropriate
management of equipment and construction materials, and the use of post-
construction best management practices to minimize the project’s adverse impact
on coastal water.
• The project design addresses water quality during construction with a construction
erosion control plan. All new construction resulting from the project will tie into an
existing post-construction drainage system that includes features designed to retain
dry weather and minor rain event runoff on-site. Any water not retained on-site is
directed to the City’s storm drain system.
Public Access and Views
• 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 vacant property 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 is a new
single-family residence on an existing vacant private lot that complies with all
applicable development standards. 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.
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• Vertical access to the bay and beach is available adjacent to the site along 16th
Street and 17th Street. Lateral access and views are available on the beach along
the West Ocean Front right-of-way in front of the project site. The project does not
include any features that would obstruct access along these routes.
• The project site is located 460 feet south of Marina Park, which is a designated public
viewpoint in the Coastal Land Use Plan and offers public views of Newport Harbor.
Site evaluation revealed that the proposed design is consistent with the existing
neighborhood pattern of development and will not affect the existing views afforded
from Marina Park. The project will replace an existing triplex that was demolished in
2020 (approved with a CDP under PA2019-245) with a new single-family home that
complies with all applicable development standards. Marina Park is improved with a
community center, playground, beach, and landscaping that orients and frames
views toward the bay and not necessarily over the subject site. The project will
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.
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 construction of a new three-story, 2,287-square-foot, single-family
residence with an attached 476-square-foot, two-car garage on a vacant lot in the R-2
Zoning District. 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.
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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. CD2022-023 TO
CONSTRUCT A NEW THREE (3)-STORY, SINGLE-FAMILY
RESIDENCE WITH AN ATTACHED TWO (2)-CAR GARAGE ON A
VACANT LOT AT 1616 WEST OCEAN FRONT (PA2022-067)
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 Smith 507, LLC,
LLC (“Owner”), with respect to property located at 1616 West Ocean Front, requesting
approval of a coastal development permit (“CDP”). The property is legally described as
Lot 8, Block 16 of A Tract, in the City of Newport Beach, County of Orange, State of
California.
2. The Applicant requests a Coastal Development Permit to construct a new, three-story
2,287-square-foot single-family residence and attached 476-square-foot two-car garage
on a vacant lot. The project includes appurtenances such as site walls, fences, patios,
drainage devices, and landscaping. The design complies with all applicable development
standards, including height, setbacks, and floor area limit, and no deviations are requested.
3. 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.
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is RT-D (Two Unit Residential – 20.0 - 29.9 DU/AC) and the property is located
within the R-2 (Two-Unit Residential) Coastal Zone District.
5. A public hearing was held on August 2, 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
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
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proposed project consists of the construction of a new 2,287-square-foot, single-family
residence and attached 476-square-foot garage in the R-2 Zoning District and is
consistent with this exemption.
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 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 2,763 gross square feet, which complies with the maximum allowable floor
area limit of 4,482 square feet.
B. The proposed development will provide the minimum required setbacks,
which are nine (9) feet along the waterfront and three (3) feet along each side
property line. No rear setback is required.
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 11.93 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 two (2) vehicles, which
complies with the minimum parking requirement for single-family residences
with less than 4,000 square feet of habitable floor area.
2. The neighborhood is predominantly developed with two (2)-story and newer three (3)-
story 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 property is an oceanfront lot that is separated from the ocean by sandy beach with an
average width of more than 500 feet and the public Ocean Front boardwalk. PMA
Consulting, Inc. prepared a Coastal Hazards and Wave Runup Study dated February 16,
2022, for the project. The report concludes that the long-term shoreline erosion rate is
small, if any long-term erosion occurs at all. Flooding, wave runup and erosion will not
impact the project site over the proposed life of development. A beach width of 200 feet is
recognized by coastal engineers as sufficiently wide to protect landward development. The
PMA Consulting, Inc. study also concludes that there is no anticipated need for a shoreline
protection device over the economic life of the proposed structure to protect it from
flooding, runup or erosion.
4. The finished floor elevation of the first habitable floor of the proposed structure is 11.33
feet North American Vertical Datum of 1988 (NAVD 88), which exceeds the minimum 9.0-
foot (NAVD 88) elevation standard for new structures and exceeds the minimum
requirements for projected sea level rise (10.1 feet NAVD 88).
5. 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).
6. 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.
7. The property is located in an area known for the potential of seismic activity and
liquefaction. All projects are required to comply with the California Building Code (CBC)
and Building Division standards and policies. Geotechnical investigations specifically
addressing liquefaction are required to be reviewed and approved prior to the issuance of
building permits. Permit issuance is also contingent on the inclusion of design mitigation
identified in the investigations. Construction plans are reviewed for compliance with
approved investigations and CBC prior to building permit issuance.
8. The development, as proposed and as conditioned, incorporates design features to
minimize the effect of construction and post-construction activities on the marine
environment. These design features include, but are not limited to, the appropriate
management of equipment and construction materials, and the use of post-construction
best management practices to minimize the project’s adverse impact on coastal water.
9. 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.
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10. The project site is located 460 feet south of Marina Park, which is a designated public
viewpoint in the Coastal Land Use Plan and offers public views of Newport Harbor. Site
evaluation revealed that the proposed design is consistent with the existing
neighborhood pattern of development and will not affect the existing views afforded from
Marina Park. The project will replace an existing triplex that was demolished in 2020
(approved with a CDP under PA2019-245) with a new single-family home that complies
with all applicable development standards. Marina Park is improved with a community
center, playground, beach, and landscaping that orients and frames views toward the
bay and not necessarily over the subject site. The project will 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.
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 is a new single-family residence
on an existing vacant private lot that complies with all applicable development standards.
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.
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 by street ends throughout the neighborhood with access to the
beach and water. Lateral beach access is also provided by the Ocean Front boardwalk.
3. Vertical access to the bay and beach is available adjacent to the site along 16th Street and
17th Street. Lateral access and views are available on the beach along the West Ocean
Front right-of-way in front of the project site. The project does not include any features that
would obstruct access along these routes.
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has
no potential to have a significant effect on the environment.
2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2022-023, 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. 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 2nd DAY OF AUGUST, 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. Prior to issuance of building permits, a waterproofing curb or similar design feature shall
be constructed around the proposed residence as an adaptive flood protection device
up to a minimum of 10.9 feet (NAVD88). Flood shields (sandbags and other methods)
can be deployed across the openings to protect and prevent flooding to the structure
3. 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.
4. 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
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.
5. 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.
6. This Coastal Development Permit does not authorize any development seaward of the
private property.
7. The applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA).
In compliance with the MBTA, grading, brush removal, building demolition, tree
trimming, and similar construction activities shall occur between August 16 and January
31, outside of the peak nesting period. If such activities must occur inside the peak
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nesting season from February 1 to August 15, compliance with the following is required
to prevent the taking of native birds pursuant to MBTA:
A. The construction area shall be inspected for active nests. If birds are observed flying
from a nest or sitting on a nest, it can be assumed that the nest is active. Construction
activity within 300 feet of an active nest shall be delayed until the nest is no longer active.
Continue to observe the nest until the chicks have left the nest and activity is no longer
observed. When the nest is no longer active, construction activity can continue in the
nest area.
B. It is a violation of state and federal law to kill or harm a native bird. To ensure
compliance, consider hiring a biologist to assist with the survey for nesting birds, and to
determine when it is safe to commence construction activities. If an active nest is found,
one or two short follow-up surveys will be necessary to check on the nest and determine
when the nest is no longer active.
8. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall
be implemented prior to and throughout the duration of construction activity as
designated in the Construction Erosion Control Plan.
9. The discharge of any hazardous materials into storm sewer systems or receiving waters
shall be prohibited. Machinery and equipment shall be maintained and washed in
confined areas specifically designed to control runoff. A designated fueling and vehicle
maintenance area with appropriate berms and protection to prevent spillage shall be
provided as far away from storm drain systems or receiving waters as possible.
10. Debris from demolition shall be removed from work areas each day and removed from
the project site within 24 hours of the completion of the project. Stock piles and
construction materials shall be covered, enclosed on all sites, not stored in contact with
the soil, and located as far away as possible from drain inlets and any waterway.
11. Trash and debris shall be disposed in proper trash and recycling receptacles at the end
of each construction day. Solid waste, including excess concrete, shall be disposed in
adequate disposal facilities at a legal disposal site or recycled at a recycling facility.
12. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
13. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
14. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Coastal
Development Permit.
15. This Coastal Development Permit may be modified or revoked by the Zoning
Administrator if determined that the proposed uses or conditions under which it is being
operated or maintained is detrimental to the public health, welfare or materially injurious
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to property or improvements in the vicinity or if the property is operated or maintained
so as to constitute a public nuisance.
16. Prior to the issuance of building permits, the applicant shall submit a final construction
erosion control plan. The plan shall be subject to the review and approval by the Building
Division.
17. Prior to the issuance of building permits, the applicant shall submit a final drainage and
grading plan. The plan shall be subject to the review and approval by the Building
Division.
18. Prior to issuance of a building permit, a copy of the Resolution, including conditions of
approval Exhibit “A” shall be incorporated into the Building Division and field sets of
plans.
19. Prior to issuance of a building permit, the applicant shall submit a final landscape and
irrigation plan. These plans shall incorporate drought tolerant plantings, non-invasive
plant species and water efficient irrigation design. The plans shall be approved by the
Planning Division.
20. Prior to issuance of building permits, the final WQMP shall be reviewed and approved
by the Building Division. Implementation shall comply with the approved CPPP and
WQMP and any changes could require separate review and approval by the Building
Division.
21. Prior to the issuance of building permits, the applicant shall submit a final landscape and
irrigation plan. These plans shall incorporate drought tolerant plantings, non-invasive
plant species and water efficient irrigation design. The plans shall be approved by the
Planning Division.
22. All landscape materials and irrigation systems shall be maintained in accordance with
the approved landscape plan. All landscaped areas shall be maintained in a healthy and
growing condition and shall receive regular pruning, fertilizing, mowing, and trimming.
All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall
be kept operable, including adjustments, replacements, repairs, and cleaning as part of
regular maintenance.
23. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise-generating construction activities that
produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday,
and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are
not allowed on Saturdays, Sundays or Holidays.
24. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements of the Newport Beach Municipal
Code. The maximum noise shall be limited to no more than depicted below for the
specified time periods unless the ambient noise level is higher:
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Zoning Administrator Resolution No. ZA2022-###
Page 9 of 10
Between the hours of 7:00AM
and 10:00PM
Between the hours of
10:00PM and 7:00AM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within
100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
25. Prior to the issuance of building permit, the applicant shall pay any unpaid administrative
costs associated with the processing of this application to the Planning Division.
26. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by the current
property owner or agent.
27. This Coastal Development Permit No. CD2022-023 shall expire unless exercised within 24
months from the date of approval as specified in Section 21.54.060 (Time Limits and
Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise
granted.
28. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold harmless
City, its City Council, its boards and commissions, officials, officers, employees, and agents
from and against any and all claims, demands, obligations, damages, actions, causes of
action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including
without limitation, attorney’s fees, disbursements and court costs) of every kind and nature
whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s
approval of the Smith 507, LLC Residence including, but not limited to, Coastal
Development Permit No. CD2022-023 (PA2022-067). 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
29. Remove the existing wall within the West Ocean Front right-of-way and install sidewalk
within the area where the wall was removed.
Fire Department
30. Prior to issuance of final building permits, fire sprinklers shall be required for this project.
Building Division
31. All new constructions shall comply with 2019 California Residential Code Edition.
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Zoning Administrator Resolution No. ZA2022-###
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32. 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.
33. Prior to issuance of building permits, swimming pool safety measures must be shown
on the floor plan such as drowning prevention measures, pool barrier and gates.
34. The top of any exterior foundation shall extend above the elevation of the street gutter
at point of discharge or the inlet of an approved drainage device not less than twelve
(12) inches plus two (2) percent except for garage and carport space. Alternate
elevations are permitted subject to the approval of the Building Official, provided that it
can be demonstrated that required drainage to the point of discharge and away from the
structures is provided at all locations on the site. [(NMBC 15.10.060(9)]
35. For habitable levels or basements located more than one story above or more than one
story below an egress door: The maximum travel distance from any occupied point to
a stairway or ramp that provides egress from such habitable level or basement shall not
exceed 50 feet. (R311.4)
17
Attachment No. ZA 2
Vicinity Map
18
VICINITY MAP
Coastal Development Permit No. CD2022-023
(PA2022-067)
1616 West Ocean Front
Subject Property
19
Attachment No. ZA 3
Project Plans
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