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HomeMy WebLinkAboutPC2023-008 - APPROVING A COASTAL DEVELOPMENT PERMIT TO ALLOW THE DEMOLITION OF AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCTION OF A NEW SINGLE-FAMILY RESIDENCE WITH A VARIANCE TO ALLOW ENCROACHMENTS INTO THE REAR SETBACK, AND ENCROACHMENT INTO THE TRESOLUTION NO. PC2023-008 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT TO ALLOW THE DEMOLITION OF AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCTION OF A NEW SINGLE-FAMILY RESIDENCE WITH A VARIANCE TO ALLOW ENCROACHMENTS INTO THE REAR SETBACK, AND ENCROACHMENT INTO THE THIRD FLOOR STEPBACK, AND EXCEEDANCE OF THE MAXIMUM FLOOR AREA LIMIT FOR THE PROPERTY LOCATED AT 700 WEST OCEAN FRONT (PA2022-0172) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Brion Jeannette Architecture (“Applicant”), on behalf of Evan and Bryn Thomas (“Owner”), with respect to property located at 700 West Ocean Front, and legally described as the easterly 42 feet of Lots 3, 4 and 5 of Block 8 (“Property”), requesting approval of a variance and coastal development permit. 2. The Applicant proposes demolition of an existing single-family residence and construction a new 2,748 square foot single-family residence with an attached 532 square foot two car garage which require the following approvals: • Coastal Development Permit (“Coastal Development Permit”) • Variance (“Variance”) - Rear Setback: Request for the first and second floor to encroach six feet into the required 10-foot rear setback area and for the third floor open deck and mechanical room to encroach three feet nine inches into the rear setback; • Third Floor Step Back: Request for an encroachment of six feet into the required additional 15 foot third floor stepback, which is measured from the required 10-foot rear setback line; and • Floor Area: Request to increase the allowed gross floor area to 3,280 square feet, where the maximum floor area limit is 3,128 square feet. 3. The Property is categorized 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 Property is located within the coastal zone. The Coastal Land Use Plan designation is Single Unit Residential Detached (RSD-C) (10.0 – 19.9 DU/AC) and is located within the Single-Unit Residential (R-1) Coastal Zoning District. Planning Commission Resolution No. PC2023-008 Page 2 of 17 5. A public hearing was held on February 23, 2023, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the hearing was given in accordance with California Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and Chapters 20.62 and 21.62 (Public Hearings) of the Newport Beach Municipal Code (“NBMC”). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This Project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Sections 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. Class 3 exempts the construction of limited numbers of new, small structures, including one single-family residence. The Project involves the demolition of an existing single-family residence and construction of a new single-family residence located within the Single-Unit Residential (R-1) Zoning District and Single-Unit Residential (R-1) Coastal Zoning District. 3. The exceptions to this categorical exemption under Section 15300.2 of the CEQA Guidelines 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. Variance In accordance with Section 20.52.090(F) (Variances – Findings and Decision) of the NBMC, the following findings and facts in support of the variance for the setback, third floor stepback, and floor area are set forth herein: Finding: A. There are special or unique circumstances or conditions applicable to the Property (e.g., location, shape, size, surroundings, topography, or other physical features) that do not apply generally to other properties in the vicinity under an identical zoning classification. Facts in Support of Finding: 1. The Property has a unique orientation compared to neighboring lots along 7th Street. The Property and surrounding area were originally subdivided in 1904 as part of the East Newport Tract. The subdivision included five lots on the eastern portion of Block 8, on 7th Street between West Balboa Boulevard and West Ocean Front. All five lots faced Planning Commission Resolution No. PC2023-008 Page 3 of 17 7th Street to the east. Subsequent to the original subdivision, portions of Lots 3, 4, and 5 were combined and reoriented to provide two lots facing West Ocean Front, one of which is the Property. As a result, the Property does not have alley access and maintains vehicular access from 7th Street, which is the only accessible side of the Property other than from the West Ocean Front boardwalk. 2. Typical Single-Unit Residential (R-1) lots surrounding the Property abut an alley and are only subject to a five-foot rear alley setback. However, the Property is atypical due to the reorientation and currently abuts a residence to the rear instead of an alley. Of the 23 lots located within Block 8, only the Property and 726 West Ocean Front (which similarly abuts 8th Street) do not have alley access. The remaining 21 lots have alley access in addition to a frontage abutting a street. These lots are subject to a five-foot rear alley setback whereas the Property is subject to a 10-foot rear setback. The 10-foot rear setback, in addition to the eight-foot front setback, disproportionately impacts the ability to develop the Property with a similar floor area ratio (“FAR”) when compared to surrounding properties. 3. The Property is shallower than the typical lots in the surrounding neighborhood. The Property is 64 feet deep, whereas the typical lot depth is 70 feet. The unique depth and orientation of the Property do not generally apply to other properties in the vicinity under the same Single-Unit Residential (R-1) zoning classification. Finding: B. Strict compliance with Title 20 (Planning and Zoning) of the NBMC requirements would deprive the Property of privileges enjoyed by other properties in the vicinity and under an identical zoning classification. Facts in Support of Finding: 1. Strict compliance with Title 20 (Planning and Zoning) of the NBMC (“Title 20”) results in a larger area dedicated to setbacks when compared to surrounding typical lots. With the Property’s current setback configuration, 41 percent of the lot is dedicated to the required setbacks. Surrounding typical properties have an approximate setback dedication of 33 percent. 2. Strict compliance with Title 20’s FAR requirements would deprive the Property of constructing a residence with similar FAR when compared to neighboring lots. The required maximum floor area of the Property yields a FAR of 1.16, which is approximately 12 percent less than what is allowed on lots with typical configurations in the surrounding neighborhood and identical zoning classification. The Project proposes an FAR of 1.22, which is less than the 1.32 FAR of surrounding typical lots. The overall FAR range of lots within the vicinity are from 1.21 to 1.46. The deviation from floor area would allow for the Project to have a similar FAR to surrounding residences. 3. Strict compliance with Section 20.48.180 of the NBMC requirements for the third-floor step back from the rear setback line would result in a constrained third floor, as there Planning Commission Resolution No. PC2023-008 Page 4 of 17 would only be 16 feet of buildable depth. Section 20.48.180 of the NBMC requires third floors to be stepped back an additional 15 feet from the front and rear setback lines. While the Project provides a compliant 15-foot stepback from the eight-foot front setback line for a total of 23 feet from the front property line, the Applicant proposes a 15-foot stepback from the six-foot rear encroachment line instead of the required 10-foot setback line. This provides a total stepback of 19 feet from the rear property line, which is sufficient distance to reduce the scale and mass of the third floor. A typical lot with a five-foot rear setback and 15 foot third-floor stepback results in a third floor that is 20 feet from the rear property line, which is comparable to the Project’s 19-foot stepback. The third floor is a modest sized 235 square feet and designed to be accessed by an interior staircase which is in the same location on all three floors. Compliance with Title 20 would necessitate the relocation of the third floor and a substantial re-design of the Project to relocate the staircase. Finding: C. Granting of the variance is necessary for the preservation and enjoyment of substantial property rights of the Applicant. Facts in Support of Finding: 1. Granting of the Variance for the Project allows the Applicant to construct a residence that has sufficient and appropriate setbacks and third-floor step backs, as well as a similar FAR with surrounding residences. 2. All Facts in Support of Finding B above are incorporated herein by reference. Finding: D. Granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and in the same zoning district. Facts in Support of Finding: 1. Approval of the Variance allows the Applicant to develop a 3,280 square foot residence that is comparable in size, height, and setbacks with the development on other lots in the surrounding area that are identically zoned. 2. The request to increase the floor area above the maximum allowed by the NBMC creates an FAR of 1.22, which is not a special privilege as it is consistent with the limitations on other properties in the vicinity. The FAR range in the surrounding area is between 1.21 to 1.46, while typical lots have an FAR of 1.32. 3. Due to the reorientation of the Property, the rear abuts a residence instead of an alley, which requires a 10-foot rear setback. However, since the front entrance of the Project faces 7th Street, the rear setback would function as the Project’s side yard. The request to encroach six feet into the required 10-foot rear setback results in a cumulative side Planning Commission Resolution No. PC2023-008 Page 5 of 17 separation of seven feet between structures, which exceeds the typical six-foot separation between residential properties in the vicinity. The required 10-foot rear setback creates an excessive separation between the Project’s side entry and the neighboring lot, resulting in a smaller buildable footprint and an FAR that is less than typical lots in the surrounding area. 4. Properties of similar lot width are required to provide an additional 15-foot stepbacks from the front and rear setback lines for third-floor areas. The Project provides a compliant 15-foot stepback from the front setback line, and provides a 15-foot stepback from the proposed line of the encroachment. The Project meets the intention of reducing bulk and mass of the structure by stepping the third floor 15 feet back relative to the first two levels. Finding: E. Granting of the variance will not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood. Facts in Support of Finding: 1. Fact 2 in Support of Finding B above is incorporated herein by reference. 2. All Facts in Support of Finding D above are incorporated herein by reference. 3. The existing residence is nonconforming, as it does not provide on-site garage parking. The Project provides a compliant two-car garage. Although this results in a curb cut on 7th Street and results in the loss of one on-street public parking space, it provides a two-car garage as required by Chapter 20.40 (Off-Street Parking) of the NBMC and helps to remove the residents’ vehicles from on-street public parking in the area. 4. Due to the orientation of the Property, the rear setback functions as a side yard and abuts the side property line of the adjacent property at 105 7th Street. NBMC Section 20.48.180 requires an additional two-foot side step back from the side setback line for third-floor areas. Since the re-orientation created a rear setback instead of a side, the Project provides a 15 foot third-floor stepback from the first two floors, resulting in a third floor that is 19 feet from the side property line of the neighbor, where a typical lot stepback for a third floor is five feet from a neighboring side property line. Finding: F. Granting of the variance will not be in conflict with the intent and purpose of this section, Title 20 (Planning and Zoning) of the NBMC, the General Plan, or any applicable specific plan. Planning Commission Resolution No. PC2023-008 Page 6 of 17 Facts in Support of Finding: 1. Granting the Variance request would not increase the density beyond what is planned for the area, and will not result in additional traffic, parking, or demand for other services. 2. The Variance request provides similar setbacks for the Property consistent with the surrounding development. 3. The Variance request provides a maximum FAR that is consistent with neighboring lots of similar size, located within the same zoning designation. 4. The Property is not located within a specific plan area.
 Coastal Development Permit In accordance with Subsection 21.52.015(F) (Coastal Development Permits - Findings and Decision) of the NBMC, the following findings and facts in support of the Coastal Development Permit are set forth herein: Finding: G. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The deviations to the rear setback and floor area allow for a development that is compatible in design, bulk, and scale of the surrounding residences on West Ocean Front, 7th Street, and West Balboa Boulevard. 2. The deviations comply with Section 21.52.090 (Relief from Implementation Plan Development Standards, Variances) of the NBMC, which allows for waiver or modification of certain standards of Title 21 (Local Coastal Program Implementation Plan) because of special circumstances including location. The requested encroachment into the rear setback is appropriate as the Property was previously reoriented to face West Ocean Front. This resulted in the loss of alley access and an increased rear setback requirement which is larger than typical lots in the surrounding neighborhood. The requested increase in floor area allows for the Project to be within the range of neighboring properties’ FAR and does not result in a structure that is out of character with the surrounding neighborhood. 3. Additional facts are provided in Findings I though O, below. 4. A Coastal Hazards Report was prepared by Geosoils, Inc. on July 7, 2022 (“Geosoils Report”). The Project is separated from the water by a wide sandy beach. The Property is approximately 590 feet from the mean high tide line. The Geosoils Report concludes that the highest high tide elevation (currently 7.7 feet based on the North American Vertical Datum of 1988 [NAVD 88]) will not exceed 10.9 feet (NAVD 88) using the low- Planning Commission Resolution No. PC2023-008 Page 7 of 17 risk aversion projected sea level rise (3.2-foot increase) over the 75-year design life of the structure based on estimates for sea level rise provided by the State of California Sea-Level Rise Guidance 2018. The estimated sea level rise over the next 75 years, using the Medium-High Risk Aversion, is potentially six feet (13.7 feet NAVD 88). Additionally, the Property has not historically been subject to any wave overtopping, nor is overtopping waters over the next 75 years expected to reach the Property, even under extreme conditions. Based on the data provided, the Geosoils Report provides no recommendations necessary for shoreline protection devices and concludes that coastal hazards will not impact the Property over the next 75 years, as the Project has minimal risk from flooding. 5. With the exception of the Variance request, the Project complies with applicable residential development standards including, but not limited to, front and side setbacks, building height, open space, and parking: a. An eight-foot setback is required from the front property line along West Ocean Front and four-foot setbacks are required from both side property lines. The Project provides an eight-foot front setback as well as both required four-foot side setbacks. b. The height limits for the Property are 24 feet for a flat roof and 29 feet for a sloping roof. The Project includes a third-floor deck rail under 24 feet and a sloping roof at 29 feet from established grade. c. A minimum of 235 square feet of open volume area is required and the Project provides 259 square feet. d. A two-car garage is required since the project does not exceed 4,000 square feet of livable floor area. The Project provides a two-car garage. 6. The Property is located in an area known for the potential of seismic activity and liquefaction and is required to comply with the California Building Code (“CBC”) and City’s 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 boardwalk near the beach. The site is approximately 1,000 feet from the beach on West Bay Avenue between 9th and 10th Street, which is designated by the CLUP as a public viewpoint. Additionally, the Property is approximately 3,000 feet from the Balboa Pier and 3,500 feet from Veterans Memorial Park, which are also designated as public viewpoints. The Property is visible from various locations along the public boardwalk and from the beach but does not further disrupt public views of the ocean from West Balboa Boulevard since there is existing development in front of the beach. There are no existing public views through the Property to the beach. Existing development on the south side of West Balboa Planning Commission Resolution No. PC2023-008 Page 8 of 17 Boulevard blocks views from the street and alley. Aside from the requested setback and floor area deviations, the Project complies with all applicable LCP development standards and maintains a building envelope consistent with the existing 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: H. 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. Fact in Support of Finding: 1. The Property is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. The Property does not currently provide nor inhibit public coastal access. The Property is located in close proximity to public beach access points, as designated by the CLUP, at the street ends of 7th and 8th Streets. The Property also abuts the West Ocean Front boardwalk, which is identified as lateral access by the CLUP. The Project does not encroach onto the boardwalk and complies with the required eight-foot front setback. 2. The Project consists of the demolition of an existing single-family residence that does not have any on-site parking and the construction of a new single-family residence with an attached two-car garage accessed from 7th Street. This results in a new curb cut. Although this removes approximately 16 feet of curb for public parking, the new complaint garage will allow the residents to park their vehicles on-site thereby removing them from the street and potentially freeing up additional on-street public parking. Access to the beach remains available through the multiple street ends nearby. Therefore, the Project will not impact public access to local coastal resources. Coastal Variance In accordance with Section 21.52.090 (Relief from Implementation Plan Development Standard) of the NBMC, the Planning Commission may approve a waiver to a development standard (setback encroachment) of the Implementation Plan only after making all of the following findings: Finding: I. The Planning Commission has considered the following: i. Whether or not the development is consistent with the certified Local Coastal Program to the maximum extent feasible; and ii. Whether or not there are feasible alternatives that would provide greater consistency with the certified Local Coastal Program and/or that are more protective of coastal Planning Commission Resolution No. PC2023-008 Page 9 of 17 resources. Facts in Support of Finding: 1. Facts 1 and 2 in Support of Finding A above are incorporated herein by reference. 2. Facts 1 and 2 in Support of Finding B above are incorporated herein by reference. 3. Facts in Support of Findings G and H above are incorporated herein by reference. 4. An alternative would be to construct the residence with a compliant 10-foot rear setback. However, this would reduce the Property’s FAR to 1.16, which is approximately 12 percent lower than surrounding lots with typical orientation. Additionally, this creates a 13-foot separation between the sides of the residential structures, where typically a six-foot separation is adequate to provide necessary light and air. The Project includes a four-foot rear setback, which results in a cumulative seven-foot separation between properties. 5. There are no coastal resources to protect on the Property. Finding: J. The granting of the variance is necessary due to special circumstances applicable to the property, including location, shape, size, surroundings, topography, and/or other physical features, the strict application of the development standards otherwise applicable to the property denies the property owner privileges enjoyed by other property owners in the vicinity and in the same coastal zoning district. Fact in Support of Finding: Facts in Support of Finding A above are incorporated herein by reference. Finding: K. The variance complies with the findings required to approve a coastal development permit in Section 21.52.015(F) (Coastal Development Permits) of the NBMC. Fact in Support of Finding: Facts in Support of Findings G and H above are incorporated herein by reference. Finding: L. The variance will not result in development that blocks or significantly impedes public access to and along the sea or shoreline and to coastal parks, trails, or coastal bluffs. Planning Commission Resolution No. PC2023-008 Page 10 of 17 Fact in Support of Finding: 1. The Property does not currently provide access to the sea or shoreline, nor does it provide access to any coastal parks, trails, or coastal bluffs. 2. Facts in support of Finding H above is incorporated herein by reference. Finding: M. The variance will not result in development that blocks or significantly impairs public views to and along the sea or shoreline or to coastal bluffs and other scenic coastal areas. Facts in Support of Finding: Fact 6 in Support of Finding G above is incorporated herein by reference. Finding: N. The variance will not result in development that has an adverse effect, either individually or cumulatively, on coastal resources, including wetlands, sensitive habitat, vegetation, or wildlife species. Fact in Support of Finding: The Project consists of the demolition of an existing single-family residence and construction of a new single-unit residence. There are no coastal resources on the Property. Since all development is within private property, there will not be an adverse effect to the beachfront or any other coastal resources. Finding: O. The granting of the variance will not be contrary to, or in conflict with, the purpose of this Implementation Plan, nor to the applicable policies of the Local Coastal Program. Fact in Support of Finding: Facts in Support of Finding G above are incorporated herein by reference. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: Planning Commission Resolution No. PC2023-008 Pa e 11 of 17 1. The Planning Commission 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 Planning Commission of the City of Newport Beach hereby approves a Variance and Coastal Development Permit, subject to the conditions set forth in Exhibit "A," which is attached hereto and incorporated herein 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 is filed with the City Clerk in accordance with the provisions of Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program 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 NBMC, Title 14 California Code of Regulations , Sections 13111 through 13120, and Section 30603 of the California Public Resources Code. PASSED, APPROVED, AND ADOPTED THIS 23Ro DAY OF FEBRUARY 2023. A YES : Ellmore, Harris, Klaustermeier, Lowrey, and Rosene NOES : None ABSTAIN: None ABSENT: None BY: ~ --~-------- BYC~im,an sarafuu-,, Secretary Attachment(s): Exhibit A -Conditions of Approval Planning Commission Resolution No. PC2023-008 Page 12 of 17 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 building elevations, and renderings stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. The Project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. 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 Use Permit. 4. The Variance and Coastal Development Permit shall expire unless exercised within 24 months from the date of approval as specified in Sections 20.54.060 and 21.54.060 of the NBMC, unless an extension is otherwise granted by the Community Development Director. 5. This Variance and Coastal Development Permit may be modified or revoked by the Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the Property is operated or maintained so as to constitute a public nuisance. 6. A copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 7. Before 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. 8. 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 claims, demands, obligations, damages, actions, causes of action, suits, losses, Planning Commission Resolution No. PC2023-008 Page 13 of 17 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 before building permit issuance. 9. Prior to the issuance of a building permit, the Applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought tolerant and noninvasive plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Division. 10. Prior to issuance of a building permit, the Owner shall abandon any existing private utilities that are located under the existing structure at 704 West Ocean Front and install new private utilities that are not located under any structures. The Owner shall obtain an easement for the private utility across 704 West Ocean Front. In the case that an easement is not obtained, the Owner shall be responsible for all required connections and/or upgrades to utility systems (e.g., water, sewer, electrical, gas, cable, etc.) directly from the public right-of-way to accommodate the project. 11. The Applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA). In compliance with the MBTA, grading, brush removal, building demolition, tree trimming, and similar construction activities shall occur between August 16 and January 31, outside of the peak nesting period. If such activities must occur inside the peak nesting season from February 1 to August 15, compliance with the following is required to prevent the taking of native birds pursuant to MBTA: A. The construction area shall be inspected for active nests. If birds are observed flying from a nest or sitting on a nest, it can be assumed that the nest is active. Construction activity within 300 feet of an active nest shall be delayed until the nest is no longer active. Continue to observe the nest until the chicks have left the nest and activity is no longer observed. When the nest is no longer active, construction activity can continue in the nest area. B. It is a violation of state and federal law to kill or harm a native bird. To ensure compliance, consider hiring a biologist to assist with the survey for nesting birds, and to determine when it is safe to commence construction activities. If an active nest is found, one or two short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active. 12. 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. 13. 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 Planning Commission Resolution No. PC2023-008 Page 14 of 17 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. 14. 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. 15. 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. 16. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 17. The Project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 18. 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. 19. 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. 20. Prior to the issuance of a building permit, the Applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 21. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 22. 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: Between the hours of 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM Planning Commission Resolution No. PC2023-008 Page 15 of 17 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 23. 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 Thomas Residence including, but not limited to, a Variance and Coastal Development Permit (PA2022-0172). 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. Fire Department 24. Dwelling units shall be protected by a fire sprinkler system (NFPA 13D). 25. Single or multiple-station smoke alarms shall be installed and maintained in Groups R- 3 regardless of occupant load at all of the following locations: a. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms. b. In each room used for sleeping purposes. c. In each story within a dwelling unit, including basements but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level. Building Division 26. The Applicant is required to obtain all applicable permits from the City’s Building Division and Fire Department. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Planning Commission Resolution No. PC2023-008 Page 16 of 17 27. The Applicant shall employ the following best available control measures (“BACMs”) to reduce construction-related air quality impacts: Dust Control • Water all active construction areas at least twice daily. • Cover all haul trucks or maintain at least two feet of freeboard. • Pave or apply water four times daily to all unpaved parking or staging areas. • Sweep or wash any site access points within two hours of any visible dirt deposits on any public roadway. • Cover or water twice daily any on-site stockpiles of debris, dirt or other dusty material. • Suspend all operations on any unpaved surface if winds exceed 25 mph. Emissions • Require 90 day low-NOx tune-ups for off road equipment. • Limit allowable idling to 30 minutes for trucks and heavy equipment. Off-Site Impacts • Encourage carpooling for construction workers. • Limit lane closures to off-peak travel periods. • Park construction vehicles off traveled roadways. • Wet down or cover dirt hauled off-site. • Sweep access points daily. • Encourage receipt of materials during non-peak traffic hours. • Sandbag construction sites for erosion control. Fill Placement • The number and type of equipment for dirt pushing will be limited on any day to ensure that SCAQMD significance thresholds are not exceeded. • Maintain and utilize a continuous water application system during earth placement and compaction to achieve a 10 percent soil moisture content in the top six (6) inch surface layer, subject to review/discretion of the geotechnical engineer. 28. A fire-rated wall at the property line shall go from the foundation to the roof sheathing and project to the furthest portion of the building from along the property line. 29. Any chimney shall be a minimum of two feet clear from the adjacent property line. Public Works Department 32. All improvements shall be constructed as required by Ordinance and the Public Works Department. 33. An encroachment permit shall be required for all work activities within the public right-of-way. Planning Commission Resolution No. PC2023-008 Page 17 of 17 34. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right-of-way could be required at the discretion of the Public Works Inspector.