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HomeMy WebLinkAboutAIC2021008 - CDPAIC) Wt 008 STATE OF CALIFORNIA- NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT OFFICE 301 E. OCEAN BLVD., SUITE 300 LONG BEACH, CALIFORNIA 90802-4830 - PH (562) 590-5071 FAX (562) 590-5084 WWW.COASTAL.CA.GOV ��GtIVED g� COMMUNITY Page 1 DEVELOPMENT October 27, 2022 NOV 0 2 2022 Permit Application Number: 5-22-0311 CITY OF *WPORT ev' ' . COASTAL DEVELOPMENT PERMIT On August 11, 2022, the California Coastal Commission granted to Sean and Emily Norton this permit subject to the attached Standard and Special conditions, for development consisting of: Construction of a 30-foot long 3-foot tall cinder block with smooth stucco finish patio perimeter wall 15-feet from the south (ocean - facing) property line to enclose a 15-foot deep x 30-foot wide, 450 sq. ft. sandy beach area for private patio use associated with a single-family residence within the City of Newport Beach permitted beach encroachment area, more specifically described in the application filed in the Commission offices. The development is within the coastal zone at 6806 O,;eanfront Newport Beach (Orange County) (APN(s): 045-633-17) Issued on behalf of the California Coastal Commission by Sincerely, John Ainsworth Executive Director Original on File signed by 1tY»�n Ldiana Roman Coastal Program Analyst cc: Commissioners/File Page 2 October 27, 2022 Coastal Development Permit 5-22-0311 ACKNOWLEDGMENT: 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 NOTIVALID UNLESS AND UNTIL A COPY OF THE PERMIT WITH THE SIGNED ACKNOWLEDGEMENT HAS BEEN RETURNED TO THE COM,MISSION_OFFICE. 14 Cal. Admin. Code Section 13158(a). - Date: Signature STANDARD CONDITIONS: 1. Notice of Receipt and Acknowledgment. The permit is not valid and development, shall not rcommence until a copy of the permit,, signed by the permittee or authorized agent, acknowledging receipt of 'the perri'iit,ahtl 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 iritent 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. Coastal Development Permit 5-22-0311 SPECIAL CONDITIONS: Page 3 October 27, 2022 No Future Shoreline Protective Device. A. By acceptance of the permit, the permittees agree, on behalf of themselves and all successors and assigns, that no new shoreline protective devices) shall be constructed to protect the development approved pursuant to Coastal Development Permit No. 5-22-0311 including, but not limited to, the patio, perimeter wall, footings and any other future improvements in the event that the development is threatened with damage or destruction from waves, erosion, storm conditions, liquefaction, sea level rise', or any other coastal hazards in the future. By acceptance of this permit, the permittees hereby waive, on behalf of themselves and all successors and assigns, any rights to construct such devices that may exist under applicable law. B. By acceptance of this permit, the permittees/landowners further agree, on behalf of themselves and all successors and assigns, that the permittees/ landowners shall remove the development authorized by this permit including, but not limited to, the patio, perimeter wall, or footings, if the`City'or any government agency with legal'jurisdiction has issued a final order, not overturned through any appeal or writ proceedings, determining that the structures are currently and permanently unsafe for occupancyor use'due to coastal hazards and that there are no measures that could make the structures suitable for habitation or use without the use of a shoreline protective device. 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. The permittees shall obtain a coastal development permit for removal of approveddevelopment unless the Executive Director determines that no coastal development permit is legally required. 2. Assumption of Risk, Waiver of Liability and Indemnity. By acceptance of this permit, the permittee 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 permittee 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; and (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, Page 4 October 27, 2022 Coastal Development Permit. 5-22-0311- 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. 3. Storage of Construction Materials, Mechanized Equipment and Removal of Construction Debris. -The permjttee�shall comply,with.the following construction - related requir m' pnts: A..No demolition qr construction materials, ;debris, ,or,waste shall.be placed or stored where it may enter sensitiug,hbitat, receiving waters pr;a storm drai,n,<0,r,be,subipcttowave,;wind,-rain or;tida1.erosion, and, dispersign; B. No derl�glitiao or construction; equlpme. nt, materials, or,activity shall be placed In or occur n;any location{that would;result;in impacts•to . environmehtally sensitive hat tafareas, streams, WgtIands,or,thpir buffers; C. Any and all debris resulting from demolition or construction activities shall be, removed from the.projectsite within,24,hours of completio, of the project; D..D,emolition.pr.constructio, debris and sedimpnt.,shall be; removed frgm work areas each, day that demolition or construction, occurs,to prevent the accumulation.of srsdiment ar�d pthgr• debris that rnay.be.discharged into coastal,waters;. „ E. Alf.trash,and debris, shall be,disposed,in the:.propertrash 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 Ttake place unless.the Executive; Director determines that, no amendment -or new permit is- legally required;,, 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; I. 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 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 materials. Measures 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 Page 5 October 27, 2022 Coastal Development Permit 5-22-0311 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 (GNPs) 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. 4. Landscaping -Drought Tolerant, Non -Invasive Plants. Vegetated landscaped areas shall only consist oflnative plants or non-native drought tolerant plants; which are non- invasive. No plantspecies listed as problematic and/or invasive by the California Native Plant Society (http://www.CNPa gEgg ), the California Invasive Plant Council (formerly the California Exotic Pest Plant Council) (http://Www.cal-ipc.org/), 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: https://ucanr.edu/sitesANUCOLS/files/183488.pdf). If potable water is used for irrigation only drip or micro spray irrigation systems may be used. Other water conservation measures shall also be considered, such as use of weather based irrigation controllers. 5. No Deviation from Approved Encroachments. The only encroachment into the 15-foot deep encroachment area within the City of Newport Beach Oceanfront public right-of-way allowed by this coastal development permit is a patio wall (no more than 3 feet high) around the perimeter of an at -grade 15-foot deep by 30-foot wide sandy beach area seaward of the property line at 6806 W. Oceanfront, Newport Beach (APN 045-033-17). Any development in the public right-of-way, including improvements, repairs, and maintenance, cannot occur without an amendment to this coastal development permit or a new coastal development permit from the Coastal Commission, unless the Executive Director determines through written confirmation that no amendment or new permit is legally required. 6. City's Right to Revoke Encroachment Permit. Approval of this coastal development permit shall not restrict the City's right and ability to revoke, without cause, the approved City encroachment permit in order to construct public access and recreation improvements within the public right of way or to provide additional sandy beach area. Page 6 October 27, 2022 Coastal Development Permit 5-22-0311 7. Deed Restriction. PRIORTO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT; the applicant.shall,submit to the Executive Director for review andapproval m ng that,the Jandowner. has at 6806. W. Oceanfront„ le to the Executive'Director: (1) indicating that, pursuant.to,this permit, the City of Newport Beach,and.the C lifornia,Coastal Commission.ha1.veauthorized development on, City -owned property adjacent to the Applicant's Property. associated. with anti benefiting the Applicant's Property subject to terms and conditions that restrict the use and enjoyment of the adjacent property; and (2) imposing the Special Conditions of,this,,perrnit as>covenants;xcoeditionshand..restriotipnss�on,tbe use:and enjoyment of s the Applicant s PropertyThe deed restriction shall; include -a,, leg abdescription;;of;the entire•parcek or parcels of the Appl canV& Property, and. description of the beach.— eneroachmenttarea•governed by•this;permit. ,The deed.restrintion,shall:also indicate that;.in the gvent;:of an,extinguishment oraermination of the deed5 restriction forany reason, the terms and conditions,of this permit shalt continuekto restrlctithe use and enjcyment.of tho=property so long as either,this permitor the develppment,it,. ; authorizes, or any part, modification, •or amendment, thereof,, remains -in existence_ on, adjacent to, ,or with respect to. the property.