HomeMy WebLinkAbout06_CR Family Trust Residence CDP_PA2022-116
CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT September 29, 2022 Agenda Item No. 6 SUBJECT: CR Family Trust Residence (PA2022-116) Coastal Development Permit No. CD2022-029 SITE LOCATION: 5007 Seashore Drive APPLICANT: Eric Trabert & Associates OWNER: CR Family Trust PLANNER: Melinda Whelan, Assistant Planner mwhelan@newportbeachca.gov, 949-644-3221,
LAND USE AND ZONING
• General Plan Land Use Plan Category: RS-D (Single Unit Residential Detached)
• Zoning District: R-1 (Single-Unit Residential)
• Coastal Land Use Plan Category: RSD-D (Single Unit Residential Detached 20.0-29.9 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 nonconforming duplex and the construction of a new three (3)-story, 2,056-
square-foot, single-unit residence with a 365-square-foot attached accessory dwelling
unit (ADU). The proposed development includes an attached 479.5 square-foot-two (2)-car garage. The project complies with all applicable development standards and no deviations are requested. The project includes hardscape, walls, landscaping, and drainage facilities. All improvements reviewed under this CDP application are within the
confines of private property. Any future encroachments into the West Ocean Front public
beach would require a separate review and permit from the California Coastal Commission. 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
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3) Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development Permit No. CD2022-029 (Attachment No. ZA 1). DISCUSSION
Land Use and Development Standards
• The subject property is located in the R-1 Coastal Zoning District, which provides for single-unit residential development and is consistent with the City’s Coastal Land
Use Plan, General Plan, and Zoning Code. A coastal development permit is required
and the property is not eligible for a waiver for de minimis development because the property is located in the Coastal Commission Appeal Area.
• The property currently consists of one legal lot developed with a nonconforming duplex. The duplex is nonconforming because it exceeds the allowed number of units within the single-family zone. The existing duplex is also non-conforming to parking requirements, as only two spaces are provided where four spaces are required. The neighborhood is predominantly developed with two (2)- and three (3)-story, single-
family and two (2)-family residences. The proposed design, bulk, and scale of the development are consistent with the existing neighborhood pattern of development and expected future development consistent with applicable development standards.
• The proposed single-family dwelling, accessory dwelling unit, 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 (West Ocean Front) 5 feet 5 feet 2 feet1 (balcony) Sides 3 feet 3 feet
Second Frontage (Seashore) 0 feet 0 feet Allowable Floor Area (max.) 2,528 sq. ft. 2,421.20 sq. ft.
Allowable 3rd Floor Area (max.) 252.86 sq. ft. 252 sq. ft.
Allowable 3rd Floor Coverage (max.) 632 sq. ft. 399.33 sq. ft. Open Space (min.) 190 sq. ft. 193.80 sq. ft.
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
1. Section 21.30.110.D.5. allows balconies on the second floor to be cantilevered and encroach into the front setback up to 36 inches.
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Hazards
• The development fronts the Pacific Ocean, but is separated from the shoreline by
a sandy beach greater than 325 feet wide. The project site is not protected by a
bulkhead.
• A Coastal Hazards Report and Sea Level Rise Analysis were prepared by GeoSoils,
Inc., dated January 12, 2022, for the project. The report concludes that the proposed project is reasonably safe from shoreline erosion due to the lack of waves or wakes that can erode sand from the beach. The report also concludes that the project will be reasonably safe from future sea level rise assuming an increase up to 10.9 feet NAVD 88 (the likely range for sea level rise over the 75-year design life of the
structure based on low-risk aversion estimates for sea level rise provided by the State of California, Sea Level Rise Guidance: 2018 Update). The finished floor elevation of the first floor of the proposed structure is 14.61 feet based on the North American Vertical Datum of 1988 (NAVD 88), which complies with the minimum 9.0-foot (NAVD 88) elevation standard for new structures and exceeds the minimum requirements
for sea level rise (10.9 feet NAVD 88).
• The property is located in an area known for the potential for 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 NBMC Section 21.30.030(C)(3)(i)(iv), the property owner will be required to enter into an agreement with the City waiving any potential right to protection to
address situations in the future in which the development is threatened with damage
or destruction by coastal hazards (e.g., bluff erosion, waves, and sea level rise). The Waiver of Future Protection is included as a condition of approval that will need to be satisfied prior to the final building inspection.
• The property owner will also be required to acknowledge any hazards present at the site and unconditionally waive any claim to damage or liability against the decision authority, consistent with NBMC Section 21.30.015(D)(3)(c). The Acknowledgement of Coastal Hazards is included as a condition of approval that will need to be satisfied
prior to the issuance of building permits.
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Water Quality
• 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 City’s storm drain system.
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 requires that the provision of public access bear a reasonable relationship between the requirement and the project’s impact, and be proportional to the impact. In this case, the project replaces an existing non-conforming duplex located on a standard R-1 lot with a new single-family residence
and attached accessory dwelling unit. Therefore, the project does not involve a
change in land use, density, or intensity that will result in increased demand for public access and recreation opportunities. Furthermore, the project is designed and sited (appropriate height, setbacks, etc.) to not block or impede existing public access opportunities.
• The project is located adjacent to a public beach with an average width of more than 325 feet. It is designed and sited to not block or impede existing public access opportunities, and all development occurs within the confines of private property. An
existing 5-foot deep encroachment area on the beach frontage is authorized by an existing encroachment permit. Any future expansion of the patio encroachment area requires a separate review and permit from the California Coastal Commission. 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, including the 50th Street and 51st Street ends, which are located west and east of the site.
• The project site is not located adjacent to a coastal view road or coastal viewpoint
identified by Local Coastal Program (LCP) maps. The project site is located within
the viewshed of the public beach; however, the project will replace an existing nonconforming duplex with a single-family dwelling and attached accessory dwelling unit that complies with all applicable 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 on public views.
• There is an existing 5-foot patio encroachment into the West Ocean Front Beach that is authorized by an existing encroachment permit (dated February 18, 1992). The existing patio encroachment is allowed pursuant to Title 21 Appendix C (Oceanfront
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Encroachment Policy Guidelines) and is required to maintain an encroachment permit from Public Works. The patio is consistent with the neighborhood pattern of development and does not affect public views or access to the public beach. Any future extension of the patio would require a separate review and permit from the California Coastal Commission and a new encroachment permit from Public Works.
• Opportunities to enhance the visual quality of the coastal zone were also reviewed. The front of the proposed residence, which is visible from the public beach, will contain substantial architectural treatment and visual interest, in keeping with the
design guidelines of the Zoning Code. The new structure would comply with required
setbacks and provide open decks on the front which provides modulation of volume that prevents the appearance of the site from being walled off from the public beach. Therefore, the project does not have the potential to degrade the visual quality of the Coastal Zone or result in significant adverse impacts on existing public views.
ENVIRONMENTAL REVIEW This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the
CEQA Guidelines, California Code of Regulations, Title 14, 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 (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)- residential duplex and the construction of a new 2,421-square-foot, single-family residence including a 365-square-foot attached accessory dwelling unit. 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, and is not a hazardous waste site, and is not identified as a historical resource. PUBLIC NOTICE
Notice of this public hearing was published in the Daily Pilot, mailed to all owners and residential occupants of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways), including the applicant, and posted on the subject property at least 10 days before the scheduled hearing, consistent with the
provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website.
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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 Program
[LCP] Implementation Plan) of the Newport Beach Municipal Code. The 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. For additional information on filing an appeal, contact the Planning Division at
949-644-3200. Prepared by:
LAW/msw Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map ZA 3 Project Plans
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Attachment No. ZA 1
Draft Resolution
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10-18-2021
RESOLUTION NO. ZA2022-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2022-029 TO DEMOLISH AN
EXISTING DUPLEX AND CONSTRUCT A NEW THREE (3)-STORY SINGLE-FAMILY RESIDENCE WITH AN ATTACHED ACCESSORY DWELLING UNIT AND TWO (2)-CAR GARAGE LOCATED AT 5007 SEASHORE DRIVE (PA2022-116)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Eric Trabert & Associates, with respect to property located at 5007 Seashore Drive, requesting approval of a coastal development permit. The lot at 5007 Seashore Drive is legally described as Lot 4 Block 50 in Ocean Front Tract. 2. The applicant requests a coastal development permit (CDP) to allow the demolition of an
existing nonconforming duplex and the construction of a new three (3)-story, 2,056-square-foot, single-unit residence with a 365-square-foot attached accessory dwelling unit (ADU). The proposed development includes an attached 479.5 square-foot-two (2)-car garage. The project complies with all applicable development standards and no deviations are requested. The project includes hardscape, walls, landscaping, and drainage facilities. All
improvements reviewed under this CDP application are within the confines of private property. Any future encroachments into the West Ocean Front public beach would require a separate review and permit from the California Coastal Commission. 3. The subject property is designated Single-Unit Residential Detached (RS-D) by the
General Plan Land Use Element and is located within the Single-Unit Residential (R-1) Zoning District. 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Single-Unit Residential Detached 20.0-29.9 DU/AC (RSD-D) and it is located
within the Single-Unit Residential (R-1) Coastal Zone District. 5. A public hearing was held on September 29, 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 two (2)-units (duplex) and the construction of a new 2,056-square-foot, single-family residence with an attached 365-square-foot accessory dwelling unit and
attached 479.5-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, and 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) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding:
A. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding:
1. The proposed development complies with applicable residential development standards
including, but not limited to, floor area limitation, setbacks, height, and parking. a. The maximum floor area limitation is 2,528 square feet and the proposed floor area is approximately 2,421 square feet.
b. The proposed development provides the minimum required setbacks, which are 5 feet along the front property line along West Ocean Front, 3 feet along each side property line, and 0 feet along the second frontage property line abutting Seashore Drive.
c. The highest guardrail is less than 24 feet from the established grade (14.23 feet NAVD88) and the highest ridge is no more than 29 feet from the established grade, which complies with the maximum height requirements.
d. The project includes garage parking for a total of two (2)
vehicles, complying with the minimum two (2)-car garage parking requirement for single-family residences with less than 4,000 square feet of habitable floor area.
2. The neighborhood is predominantly developed with two (2)- and three (3)-story, single-family, and two-family residences. The proposed design, bulk, and scale of the development are consistent with the existing neighborhood pattern of development.
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3. A Coastal Hazards Report and Sea Level Rise Analysis were prepared by GeoSoils, Inc., dated January 12, 2022, for the project. The report concludes that the proposed project is reasonably safe from shoreline erosion due to the lack of waves or wakes that can erode sand from the beach. The report also concludes that the project will be
reasonably safe from future sea level rise assuming an increase up to 10.9 feet NAVD
88 (the likely range for sea level rise over the 75-year design life of the structure based on low-risk aversion estimates for sea level rise provided by the State of California, Sea Level Rise Guidance: 2018 Update). The finished floor elevation of the first floor of the proposed structure is 14.61 feet NAVD88, which complies with the minimum 9.0-foot
(NAVD88) elevation standard for new structures and exceeds the minimum
requirements for future sea level rise (10.9 feet NAVD88).
4. Pursuant to NBMC Section 21.30.030(C)(3)(i)(iv), the property owner will be required to enter into an agreement with the City waiving any potential right to protection to address situations in the future in which the development is threatened with damage or
destruction by coastal hazards (e.g., waves, erosion, and sea level rise). This
requirement is included as a condition of approval that will need to be satisfied prior to the final building permit inspection, respectively.
5. 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). This requirement is included as a
condition of approval that will need to be satisfied prior to the issuance of building permits, respectively.
6. The property is located in an area known for the potential for 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.
7. The property is located adjacent to the West Ocean Front beach within approximately 325 feet of coastal waters. 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 from
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-site is directed to the City’s storm drain system.
8. Proposed landscaping complies with Implementation Plan Section 21.30.075. A condition of approval is included that requires drought-tolerant species. Prior to the issuance of building permits, the final landscape plans will be reviewed to verify invasive species are not planted.
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9. The project site is not located adjacent to a coastal view road or coastal viewpoint identified
by Local Coastal Program (LCP) maps. The project site is located within the viewshed of the public beach; however, the project will replace an existing nonconforming duplex with a single-family dwelling and attached accessory dwelling unit that complies with all applicable Local Coastal Program 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 on public views. 10. Opportunities to enhance the visual quality of the coastal zone were also reviewed. The
front of the proposed residence, which is visible from the public beach, will contain
substantial architectural treatment and visual interest, in keeping with the design guidelines of the Zoning Code. The new structure would comply with required setbacks and provide open decks on the front providing modulation of volume that prevents the appearance of the site from being walled off from the public beach. Therefore, the project does not have
the potential to degrade the visual quality of the Coastal Zone or result in significant
adverse impacts on existing public views. Finding:
B. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone. Facts in Support of Finding:
1. The project site is located between the nearest public road and the sea or shoreline. Implementation Plan Section 21.30A.040 (Determination of Public Access/Recreation Impacts) requires that the provision of public access bear a reasonable relationship between the requirement and the project’s impact and be proportional to the impact. In this
case, the project replaces an existing non-conforming duplex located on a standard R-1
lot with a new single-family residence and attached accessory dwelling unit. Therefore, the project does not involve a change in land use, density, or intensity that will result in increased demand for public access and recreation opportunities. Furthermore, the project is designed and sited (appropriate height, setbacks, etc.) to not block or impede existing
public access opportunities.
2. All proposed development is located within the confines of private property. However, there is an existing 5-foot patio encroachment into the West Ocean Front Beach that is authorized by an existing encroachment permit (dated February 18, 1992) pursuant to Title
21 Appendix C (Oceanfront Encroachment Policy Guidelines). The patio is consistent with
the neighborhood pattern of development and does not affect public views or access to the public beach. Any future extension of the patio would require a separate review and permit from the California Coastal Commission.
3. Vertical access to the beach is available approximately 90 feet east of the site at the
terminus of 50th Street and approximately 60 feet west of the site at the terminus of 51st
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Street. Lateral access is available along the wide beach in front of the site. 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 (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. CD2022-029, subject to the conditions set forth in Exhibit “A,”
which is attached hereto and incorporated by reference.
3. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 21 Local
Coastal Program (LCP) Implementation Plan, of the Newport Beach Municipal Code.
The 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 29TH DAY OF SEPTEMBER 2022.
_____________________________________ Jaime Murillo, Zoning Administrator
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EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics)
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 the final building permit inspection, an agreement in a form approved by the City
Attorney between the property owner and the City shall be executed and recorded
waiving rights to the construction of future shoreline protection devices to address the threat of damage or destruction from waves, erosion, storm conditions, landslides,
seismic activity, bluff retreat, sea level rise, or other natural hazards that may affect the
property, or development of the property, today or in the future. The agreement shall be
binding against the property owners and successors and assigns. 3. Prior to the issuance of a building permit, the property owner shall submit a notarized
signed letter acknowledging all hazards present at the site, assuming the risk of injury
or damage from such hazards, unconditionally waiving any claims of damage against
the City from such hazards, and to indemnify and hold harmless City, its City Council, its
boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs, and expenses (including without limitation,
attorney’s fees, disbursements, and court costs) of every kind and nature whatsoever
which may arise from or in any manner relate (directly or indirectly) to City’s approval of
the development. This letter shall be scanned into the plan set prior to building permit issuance.
4. Prior to the issuance of building permits, the applicant shall submit a final construction
erosion control plan. The plan shall be subject to review and approval by the Building
Division.
5. Prior to the issuance of building permits, the applicant shall submit a final drainage and
grading plan. The plan shall be subject to review and approval by the Building Division.
6. Prior to the 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.
7. Prior to the issuance of a building permit, the Accessory Dwelling Unit (ADU) shall
require a deed restriction that prohibits the sale of the ADU separately and prohibits rental or leasing of the ADU for less than 31 days.
8. 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-
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invasive plant species, and water-efficient irrigation design. The plans shall be approved
by the Planning Division. 9. No demolition or construction materials, equipment debris, or waste, shall be placed or
stored in a location that would enter the sensitive habitat, receiving waters, or storm
drains or results 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.
10. This Coastal Development Permit does not authorize any development seaward of the
private property. 11. Any new development within the existing 5-foot-deep encroachment area, or an extension of the encroachment area pursuant to Title 21 Appendix C (Oceanfront Encroachment
Policy Guidelines), shall require a separate review and permit from the California Coastal
Commission and a new encroachment permit from Public Works. The owner shall maintain
a valid encroachment permit for any off-site patio improvements on public property. 12. 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 of 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. 13. 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. 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.
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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 waterways.
16. Trash and debris shall be disposed of in proper trash and recycling receptacles at the end of each construction day. Solid waste, including excess concrete, shall be disposed of in adequate disposal facilities at a legal disposal site or recycled at a recycling facility.
17. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit. 18. The project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval.
19. The applicant shall comply with all federal, state, and local laws. A material violation of any of those laws in connection with the use may be cause for revocation of this Coastal Development Permit.
20. 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 are 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.
21. 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. 22. 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 between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday.
Noise-generating construction activities are not allowed on Saturdays, Sundays, or Holidays. 23. 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 periods unless the ambient noise level is higher:
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Between the hours of 7:00 AM and 10:00 PM Between the hours of 10:00 PM and 7:00 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
24. Prior to the issuance of the building permit, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
25. 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.
26. This Coastal Development Permit No. CD2022-029 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.
27. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold harmless the 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 CR Family Trust Residence including, but not limited to, Coastal Development Permit No. CD2022-029 (PA2022-116). This indemnification shall include, but not be limited to, damages awarded against the City, if
any, costs of suit, attorney’s fees, and other expenses incurred in connection with such
claim, action, causes of action, suit, or proceeding whether incurred by the applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of the City's costs, attorney’s fees, and damages, which the 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. CD2022-029
(PA2022-116) 5007 Seashore Drive
Subject Property
Subject Property
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Attachment No. ZA 3
Project Plans
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