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HomeMy WebLinkAboutAIC2020006 - CDPSTATE OF CALIFORNIA - NATURAL RESOURCES AGENCY GAV I N N EWSOM, GOVERNOR CALIFORNIA COASTAL COMMISSIQMGE)'•ED &,. SOUTH COAST DISTRICT OFFICE :01MMiUNITY 301 E. OCEAN BLVD., SUITE 300 LONG BEACH, CALIFORNIA 90802-4830 PH (562) 590-5071 FAX (562) 590-5084 WtNW.COASTAL.CA.GOV I 0 Un, Page 1 November 16, 2022 hermit Application Number: 5-20-0445 �r��`ORTOE.PG COASTAL DEVELOPMENT PERMIT On December 15, 2021, the California Coastal Commission granted to JT & LT NB LLC this permit subject to the attached Standard and Special conditions, for development consisting of The proposed project consists of the demolition of an existing 1,165 square foot single-family residence and construction of a three-story, 2,762 square foot, single-family residence with a 442 square foot two -car garage. The proposed project also includes:1) reinforcing the existing seawall by utilizing tie- backs connecting the existing seawall to a new concrete deadman; 2) increasing the height of the existing seawall to 10.9-feet NAVD88; 3) installing new privacy fence wall along the North and South property line walls; 4) installing rear yard hardscape and landscape; 5) installing a sink that is part of a built in BBQ; and 6) installing a rear yard trench drain directing runoff to a perforated drain pipe to retain run-off on site. Only the bayward portion of the project is within the Commission's original jurisdiction., more specifically described in the application filed in the Commission offices. The development is within the coastal zone at 619 36th St, Newport Beach (Orange County) (APN(s): 423-082-11) Issued on behalf of the California Coastal Commission by Sincerely, John Ainsworth Executive Director Original on File signed by: Fernie Sy Coastal Program Analyst cc: Commissioners/File ACKNOWLEDGMENT: Page 2 November 16, 2022 Coastal Development Permit 5-20-0445 The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. The undersigned permittee acknowledges that Government Code Section 818.4 which states in pertinent part of that: "A Public entity is not liable for injury caused by the issuance... of any permit..." applies to the issuance of this permit. IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT WITH THE SIGNED ACKNOWLEDGEMENT HAS BEEN RETURNED TO THE COMMISSION OFFICE. 14 Cal. Admin. Code Section 13158(a). Date: STANDARD CONDITIONS: Signature 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. 5 Coastal Development Permit 5-20-0445 SPECIAL CONDITIONS: 1. Final Project Plans. Page 3 November 16, 2022 A. PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for the Executive Director's review and written approval, two (2) full size sets of Final Project Plans approved by the City of Newport Beach Community Development Department. The Final Project Plans shall reflect the following changes: The previously proposed glass bird safe railings located on top of the raised seawall/bulkhead cap has been removed. B. All revised plans shall be prepared and certified by a licensed professional or professionals as applicable (e.g., architect, surveyor, geotechnical engineer), based on current information and professional standards, and shall be certified to ensure that they are consistent with the Commission's approval and with the recommendations of any required technical reports. C. The permittee shall undertake development in conformance with the approved final updated plans. Any proposed changes to the approved final plans, such as changes needed to be consistent with the City's certified Local Coastal Plan (LCP), Harbor Design Guidelines, or the requirements of other Resource Agencies, shall be reported to the Executive Director. No changes to the approved final plans shall occur without a Commission amendment to this Coastal Development Permit unless the Executive Director determines that no amendment is legally required. 2. Assumption of Risk, Waiver of Liability and Indemnity. By acceptance of this permit, the applicant acknowledges and agrees (i) that the site may be subject to hazards from waves, erosion, storm conditions, liquefaction, flooding, and sea level rise; (ii) to assume the risks to the applicant and the property that is the subject of this permit of injury and damage from such hazards in connection with this permitted development; (iii) to unconditionally waive any claim of damage or liability against the Commission, its officers, agents, and employees for injury or damage from such hazards; (iv) to indemnify and hold harmless the Commission, its officers, agents, and employees with respect to the Commission's approval of the project against any and all liability, claims, demands, damages, costs (including costs and fees incurred in defense of such claims), expenses, and amounts paid in settlement arising from any injury or damage due to such hazards; (v) that sea level rise could render it difficult or impossible to provide services to the site (e.g., maintenance of roadways, Page 4 November 16, 2022 Coastal Development Permit 5-20-0445 utilities, sewage or water systems), thereby constraining allowed uses of the site or rendering it uninhabitable; (vi) that the boundary between public land (tidelands) and private land may shift with rising seas, the structure may eventually be located on public trust lands, and the development approval does not permit encroachment onto public trust land; (vii) any future encroachment must be removed unless the Coastal Commission determines that the encroachment is legally permissible pursuant to the Coastal Act and authorizes it to remain, and any future encroachment would also be subject to the State Lands Commission's (or other trustee agency's) leasing approval; and (viii) that the structure may be required to be removed or relocated and the site restored if it becomes unsafe or if removal is required pursuant to the Coastal Act. 3. Future Development. This permit is only for the development described in Coastal —Development _Perm it_No._520-0445._ Pursuant to Title 14 California Code of Regulations Section 13250(b)(6), the exemptions otherwise provided in Public Resources Code Section 30610(a) shall not apply to the development governed by Coastal Development Permit No. 5-20-0445. Accordingly, any future improvements to the development authorized by this permit, including but not limited to repair and maintenance identified as requiring a permit in Public Resources Section 30610(d) and Title 14 California Code of Regulations Sections 13252(a)-(b), shall require an amendment to Permit No. 5-20-0445 from the Commission or shall require an additional coastal development permit from the Commission or from the applicable certified local government. 4. No Future Bayward Extension of the Shoreline Protective Device. A. By acceptance of this Permit, the applicant agrees, on behalf of itself (or himself or herself or themselves, as applicable) and all successors and assigns, that no future repair or maintenance, enhancement, reinforcement, or any other activity affecting the shoreline protective device that is the subject of Coastal Development Permit No. 5-20-0445, as described and depicted on approved project plans pursuant to Special Condition No. 1, shall result in any encroachment bayward of the authorized footprint of the shoreline structure. By acceptance of this Permit, the applicant waives, on behalf of itself (or himself or herself or themselves, as applicable) and all successors and assigns, any rights to such activity that may exist under Public Resources Code Section 30235. B. By acceptance of this Permit, the applicant agrees, on behalf of itself (or himself or herself, as applicable) and all successors and assigns, that no new shoreline protective device shall ever be constructed to protect the development approved pursuant to Coastal Development Permit No. 5-20- 0445, as depicted on approved project plans pursuant to Special Page 5 November 16, 2022 Coastal Development Permit 5-20-0445 Condition No. 1, including, in the event that the development is threatened with damage or destruction from waves, erosion, storm conditions, flooding, or other coastal hazards in the future, an as may be exacerbated by sea level rise. By acceptance of this Permit, the applicant hereby waives, on behalf of itself (or himself or herself, as applicable) and all successors and assigns, any rights to construct such devices that may exist under applicable law. 5. Storage of Construction Materials, Mechanized Equipment and Removal of Construction Debris. By acceptance of this permit, the applicant agrees to comply with the following construction -related requirements: A. No demolition or construction materials, debris, or waste shall be placed or stored where it may enter sensitive habitat, receiving waters or a storm drain, or be subject to wave, wind, rain, or tidal erosion and dispersion; B. No demolition or construction equipment, materials, or activity shall be placed in or occur in any location that would result in impacts to environmentally sensitive habitat areas, streams, wetlands or their buffers; C. Any and all debris resulting from demolition or construction activities shall be removed from the subject site within 24 hours of completion of the project; D. Demolition or construction debris and sediment shall be removed from work areas each day that demolition or construction occurs to prevent the accumulation of sediment and other debris that may be discharged into coastal waters; E. All trash and debris shall be disposed in the proper trash and recycling receptacles at the end of every construction day; F. The applicant shall provide adequate disposal facilities for solid waste, including excess concrete, produced during demolition or construction; G. Debris shall be disposed of at a legal disposal site or recycled at a recycling facility. If the disposal site is located in the Coastal Zone, a coastal development permit or an amendment to this permit shall be required before disposal can take place unless the Executive Director determines that no amendment or new permit is legally required; Page 6 November 16, 2022 Coastal Development Permit 5-20-0445 H. All stock piles and construction materials shall be covered, enclosed on all sides, shall be located as far away as possible from drain inlets and any waterway, and shall not be stored in contact with the soil; Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. Thinners or solvents shall not be discharged into sanitary or storm sewer systems; J. The discharge of any hazardous materials into any receiving waters shall be prohibited; K. Spill prevention and control measures shall be implemented to ensure the proper handling and storage of petroleum products and other construction_mate rials._Measur_es_shall_include_a designated.fueling and vehicle maintenance area with appropriate berms and protection to prevent any spillage of gasoline or related petroleum products or contact with runoff. The area shall be located as far away from the receiving waters and storm drain inlets as possible; L. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) designed to prevent spillage and/or runoff of demolition or construction -related materials, and to contain sediment or contaminants associated with demolition or construction activity, shall be implemented prior to the on -set of such activity; and M. All BMPs shall be maintained in a functional condition throughout the duration of construction activity. S. Landscaping -Drought Tolerant, Non -Invasive Plants. Vegetated landscaped areas shall only consist of native plants or non-native drought tolerant plants that are non-invasive. No plant species listed as problematic and/or invasive by the California Native Plant Society (http://www.CNPS.ore/), the California Invasive Plant Council (formerly the California Exotic Pest Plant Council) (http://www.cal-ipe.orp-/), or as may be identified from time to time by the State of California shall be employed or allowed to naturalize or persist on the site. No plant species listed as a "noxious weed" by the State of California or the U.S. Federal Government shall be utilized within the property. All plants shall be low water use plants as identified by California Department of Water Resources (See: http://www.water.ca.gov/wateruseefficiency/docs/wucols00.pdf). Public Rights and Public Trust. The Coastal Commission's approval of this permit shall not constitute a waiver of any public rights that exist or may exist on the Page 7 November 16, 2022 Coastal Development Permit 5-20-0445 property. The permittee shall not use this permit as evidence of a waiver of any public rights that may exist on the property now or in the future. 8. Deed Restriction. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit to the Executive Director for review and approval documentation demonstrating that the landowners have executed and recorded against the parcel(s) governed by this permit a deed restriction, in a form and content acceptable to the Executive Director: (1) indicating that, pursuant to this permit, the California Coastal Commission has authorized development on the subject property, subject to terms and conditions that restrict the use and enjoyment of that property; and (2) imposing the Special Conditions of this permit as covenants, conditions and restrictions on the use and enjoyment of the Property. The deed restriction shall include a legal description of the entire parcel or parcels governed by this permit. The deed restriction shall also indicate that, in the event of an extinguishment or termination of the deed restriction for any reason, the terms and conditions of this permit shall continue to restrict the use and enjoyment of the subject property so long as either this permit or the development it authorizes, or any part, modification, or amendment thereof, remains in existence on or with respect to the subject property.