HomeMy WebLinkAbout03_Gross Residence CDP_PA2022-0281CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
March 30, 2023
Agenda Item No. 3
SUBJECT: Gross Residence (PA2022-0281)
•Coastal Development Permit
SITE LOCATION: 2508 Marino Drive
APPLICANT: Eric Olsen Design
OWNER: Nick and Natasha Gross
PLANNER: Liane Schuller, Planning Consultant
949-644-3200, lschuller@newportbeachca.gov
LAND USE AND ZONING
•General Plan: RS-D (Single Unit Residential Detached)
•Zoning District : R-1 (Single-Unit Residential)
•Coastal Land Use Category: RSD-B (Single Unit Residential Detached) (6.0 – 9.9
DU/AC)
•Coastal Zoning District: R-1 (Single-Unit Residential)
PROJECT SUMMARY
A coastal development permit to demolish an existing single-unit residence and construct
a new 6,248-square-foot, two (2)-story, single-unit residence with an attached 722-
square-foot three (3)-car garage. The project includes landscape, hardscape, pool and
subsurface drainage facilities all within the confines of private property. The project
complies with all development standards and no deviations from the Newport Beach
Municipal Code (NBMC) are requested.
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;
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; and
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Zoning Administrator, March 30, 2023
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4)Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development
Permit (Attachment No. ZA 1).
DISCUSSION
Land Use and Development Standards
•The project is located in the R-1 Zoning District, which allows a maximum of one
residential dwelling unit on a single legal lot, and is consistent with the City’s Coastal
Land Use Plan, General Plan, and Zoning Code. A coastal development permit
(CDP) is required and the property is not eligible for a Waiver for De Minimis
Development because the property is located in the Appeal Area.
•The property consists of one legal lot containing an existing single-unit residence.
The neighborhood is predominantly developed with one (1)- and two (2)-story,
single-family residences. The design, bulk, and scale of the proposed development
is consistent with the existing and anticipated neighborhood pattern of
development (see Figure 1, below). The property includes ten-foot wide access
easements (private alleys) on both sides and at the rear of the property.
Figure 1: Oblique aerial image of neighborhood
•The proposed single-unit residence and accessory structures conform to all
applicable development standards, including floor area limit, setbacks, height, and
off-street parking as evidenced by the project plans and illustrated in Table 1 on the
following page:
Subject Property
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Zoning Administrator, March 30, 2023
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Table 1 – Development Standards
Development Standard Standard Proposed
Setbacks (min.)
Front (Marino Drive) 10 feet 11 feet 6 inches
Sides 4 feet 14 feet*
Rear (Alley) 10 feet 10 feet
Allowable Floor Area (max.) 14,138 square feet 6,970 square feet
Open Volume Area (min.) 1,060 square feet 3,388 square feet
Parking (min.) 3-car garage 3-car garage
Height (max.) 24 feet flat roof
29 feet sloped roof
24 feet excluding chimney
29 feet sloped roof
*Includes the 10-foot wide private access easement as measured from each side
property line
Hazards
• The project site is located approximately 275 feet from the Lido Channel and is
separated from the water by Bay Shore Drive and several rows of existing residential
development.
• The finished first floor elevation of the proposed residence is 12.0 feet based on
the North American Vertical Datum of 1988 (NAVD88), which exceeds the
minimum required 9.00-foot NAVD88 elevation standard.
• The property is located in an area known for the potential of seismic activity and
liquefaction. All projects are required to comply with the California Building Code
(CBC) and Building Division standards and policies. Geotechnical investigations
specifically addressing liquefaction are required to be reviewed and approved prior
to the issuance of building permits. Permit issuance is also contingent on the
inclusion of design mitigation identified in the investigations. Construction plans are
reviewed for compliance with approved investigations and CBC prior to building
permit issuance.
Water Quality
• The property is not located on the shoreline and is located approximately 275 feet
from the Lido Channel. 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 and minor
rain event run-off on-site. Any water not retained on-site is directed to the City’s storm
drain system.
• The project design addresses water quality with a construction erosion control plan
that outlines temporary Best Management Practices (BMPs) to be implemented
during construction to minimize erosion and sedimentation, and to minimize
pollution of runoff derived by construction chemicals and materials. No water
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quality impacts to coastal waters are anticipated based upon the location and
elevation of the property.
Public Access and Views
• The project site is located between the nearest public road and the sea or shoreline
in the private community of Bayshores. Developed in 1941, Bayshores is a 258-lot,
single-family gated community located on the Lido Channel, southwest of Coast
Highway and Newport Bay Bridge. The 39-unit Anchorage Apartment complex is also
located within the community. The community is accessible from West Coast
Highway via Bay Shore Drive, a private street. The shoreline is located on the south
and east sides of the community and consists of bulkheads and two small sandy
beaches.
• Coastal Land Use Plan Policy 3.1.5-3 requires public access consistent with public
access policies for any new development in private or gated communities causing or
contributing to adverse public access impacts. 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 single-unit residence located on a coastal lot with a new single-
unit residence. Therefore, the project does not involve a change in land use, density
or intensity that will result in increased demand on public access and recreation
opportunities. Furthermore, the project is designed and sited so as not to block or
impede existing public access opportunities.
• The residential lot does not currently provide nor does it inhibit public coastal access.
Vertical and lateral access to the bay front is available adjacent to the Bayshores
community at the Balboa Bay Club, immediately west of the Bayshores community.
• The project site is not located adjacent to a coastal view road, public viewpoint, public
park or beach, or public accessway, as identified in the Coastal Land Use Plan.
Furthermore, an investigation of the project site and surrounding area did not identify
any other public view opportunities. The project site may be located within the
viewshed of distant public viewing areas; however, the project will replace an existing
single-unit dwelling with a new single-unit dwelling that complies with all applicable
Local Coastal Program 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.
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
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the CEQA Guidelines, California Code of Regulations, Title 14, 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-unit residences and additions of
up to 10,000 square feet to existing structures. The proposed project consists of the
demolition of one (1) single-family residence and the construction of a new 6,248-square-
foot, two (2)-story, single-family residence with an attached 722-square-foot three (3)-car
garage and therefore qualifies within this exemption.
There are no known exceptions listed in CEQA Guidelines Section 15300.2 that would
invalidate the use of this exemption. The project location does not impact an
environmental resource of hazardous or critical concern, does not result in cumulative
impacts, does not have a significant effect on the environment due to unusual
circumstances, does not damage scenic resources within a state scenic highway, is not
a hazardous waste site, and is not identified as a historical resource.
PUBLIC NOTICE
Notice of this public hearing was published in the Daily Pilot, mailed to all owners and
residential occupants of property within 300 feet of the boundaries of the site (excluding
intervening rights-of-way and waterways), including the applicant, and posted on the
subject property at least 10 days before the scheduled hearing, consistent with the
provisions of the NBMC. Additionally, the item appeared on the agenda for this meeting,
which was posted at City Hall and on the City website.
APPEAL PERIOD:
This action shall become final and effective 14 days following the date the Resolution is
adopted unless within such time an appeal or call for review is filed with the Community
Development Director in accordance with the provisions of Title 21 (Local Coastal
Implementation Plan) of the Newport Beach Municipal Code. Final action taken by the City
may be appealed to the Coastal Commission in compliance with Section 21.64.035 of the
City’s certified LCP and Title 14 California Code of Regulations, Sections 13111 through
13120, and Section 30603 of the Coastal Act. For additional information on filing an appeal,
contact the Planning Division at 949-644-3200.
Prepared by:
DL/ls
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
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Attachment No. ZA 1
Draft Resolution
6
RESOLUTION NO. ZA2023-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A
COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN
EXISTING SINGLE-UNIT RESIDENCE AND CONSTRUCT A NEW
TWO (2)-STORY SINGLE-UNIT RESIDENCE AND ATTACHED
THREE (3)-CAR GARAGE AT 2508 MARINO DRIVE (PA2022-
0281)
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 Olsen (Applicant) concerning property located at 2508
Marino Drive requesting approval of a coastal development permit (CDP). The property is
legally described as Lot 8 of Tract 1140, in the City of Newport Beach, County of Orange,
State of California (Property).
2. The Applicant requests a CDP to demolish an existing single-unit residence and construct
a new 6,248-square-foot, two (2)-story, single-unit residence with an attached 722-square-
foot three (3)-car garage. The project includes landscape, hardscape, pool and subsurface
drainage facilities all within the confines of private property. The design complies with all
applicable development standards, including height, setbacks, and floor area limit. No
deviations of the Newport Beach Municipal Code (NBMC) are requested (Project).
3. The Property is designated RS-D (Single Unit Residential Detached) by the General Plan
Land Use Element and is located within the R-1 (Single-Unit Residential) Zoning District.
4. The Property is located within the coastal zone. The Coastal Land Use Plan category is
RSD-B (Single-Unit Residential Detached) – (6.0 – 9.9 DU/AC) and it is located within the
R-1 (Single-Unit Residential) Coastal Zoning District.
5. A public hearing was held on March 30, 2023, online via Zoom. A notice of time, place,
and purpose of the hearing was given in accordance with the Newport Beach Municipal
Code. 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, Article 19 of 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 an existing single-unit residence and the construction of a new 6,248-
square-foot, single-unit residence with an attached 722-square-foot garage in the R-1
Zoning District.
SECTION 3. REQUIRED FINDINGS.
By Section 21.52.015 (F) (Coastal Development Permits, Findings, and Decision) 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 14,138 square feet and the proposed
floor area is 6,970 square feet.
B.The Project provides the minimum required setbacks, which are ten (10) feet
along the front property line abutting Marino Drive, four (4) feet along each
side property line, and ten (10) feet along the rear property line abutting the
alley.
C.The highest two (2)-story roofline is 24 feet from the established grade level
of 11.86 feet based on the North American Vertical Datum of 1988 (NAVD
88), which complies with the maximum height limitation of 29 feet for sloped
rooflines.
D.The Project includes enclosed garage parking for three (3) vehicles, which
complies with the minimum parking requirement for single-unit residences
with more than 4,000 square feet of habitable floor area.
2.The neighborhood is predominantly developed with one (1)- and two (2)-story, single-
unit residences. The proposed design, bulk, and scale of the Project are consistent with
the existing neighborhood pattern of development.
3.The Project is located approximately 275 feet from the Lido Channel and is separated from
the water by Bay Shore Drive and several rows of existing residential development. The
finished first floor elevation of the proposed residence is 12.0 feet (NAVD88), which
exceeds the minimum required 9.00-foot (NAVD88) elevation standard.
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4. The Property is located in an area known for the potential of seismic activity and
liquefaction. All projects are required to comply with the California Building Code (CBC)
and Building Division standards and policies. Geotechnical investigations specifically
addressing liquefaction are required to be reviewed and approved prior to the issuance of
building permits. Permit issuance is also contingent on the inclusion of design mitigation
identified in the investigations. Construction plans are reviewed for compliance with
approved investigations and CBC prior to building permit issuance.
5. The property owner will 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) – (General Site Planning and
Development Standards). This requirement is included as a condition of approval that will
need to be satisfied before the issuance of building permits.
6. The Project’s 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.
7. New landscaping will be verified for compliance with NBMC Section 21.30.075
(Landscaping). Condition of Approval No. 17 is included to require drought-tolerant
plantings and prohibits invasive species. Prior to issuance of the building permits, the final
landscape plans will be reviewed to verify invasive species are not planted.
8. The Property is not located near designated public viewpoints or coastal view roads and
will not impact public coastal views.
9. The project site is not located adjacent to a coastal view road, public viewpoint, public
park or beach, or public accessway, as identified in the Coastal Land Use Plan.
Furthermore, an investigation of the project site and surrounding area did not identify any
other public view opportunities. The project site may be located within the viewshed of
distant public viewing areas however the project is located on a coastal lot and will replace
an existing single-unit dwelling with a new single-unit dwelling that complies with all
applicable Local Coastal Program 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:
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 Property is located between the nearest public road and the sea or shoreline in the
private community of Bayshores. Developed in 1941, Bayshores is a 258-lot, single-family
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gated community located on the Lido Channel, southwest of Coast Highway and Newport
Bay Bridge. The 39-unit Anchorage Apartment complex is also located within the
community. The community is accessible from Coast Highway via Bay Shore Drive, a
private street. The shoreline is located on the south side and east side of the community
and consists of bulkheads and two (2) small sandy beaches.
2.Coastal Land Use Plan Policy 3.1.5-3 requires public access consistent with public access
policies for any new development in private/gated communities causing or contributing to
adverse public access impacts. 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 single-unit
residence located on a coastal lot with a new single-unit residence. Therefore, the Project
does not involve a change in land use, density or intensity that will result in increased
demand on public access and recreation opportunities. Furthermore, the project is
designed and sited so as not to block or impede existing public access opportunities.
3.The Property does not currently provide, nor does it inhibit public coastal access. Vertical
and lateral access to the bay front is available adjacent to the Bay Shores community at
the Balboa Bay Club, immediately west of the Bayshores community.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1.The Zoning Administrator of the City of Newport Beach hereby finds this Project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15303 under Class 3 (New Construction or Conversion of Small Structures) because it has
no potential to have a significant effect on the environment and the exceptions to the Class
3 exemption do not apply.
2.The Zoning Administrator of the City of Newport Beach hereby approves the Coastal
Development Permit, subject to the conditions outlined 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 by the provisions of Title 21 Local Coastal Program
(LCP) Implementation Plan, of the Newport Beach Municipal Code. Final action taken
by the City may be appealed to the Coastal Commission in compliance with Section
21.64.035 (Appeal to the Coastal Commission) of the City’s certified LCP and Title 14
California Code of Regulations, Sections 13111 through 13120, and Section 30603 of
the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 30TH DAY OF MARCH, 2023.
_____________________________________
Benjamin M. Zdeba, AICP, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
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. Before issuance of building permits, 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,
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.
3. 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 result in impacts to environmentally sensitive habitat areas, streams, the
beach, wetlands or their buffers. No demolition or construction materials shall be stored
on public property.
4. This Coastal Development Permit does not authorize any development seaward of the
private property.
5. 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 under 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 (1) or two (2) short follow-up surveys will be necessary to check on the nest
and determine when the nest is no longer active.
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6. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall
be implemented before and throughout the duration of construction activity as
designated in the Construction Erosion Control Plan.
7. 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.
8. 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 waterway.
9. 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.
10. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
11. The Project is subject to all applicable City ordinances, policies, and standards unless
specifically waived or modified by the conditions of approval.
12. 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 caused by the revocation of this
Coastal Development Permit.
13. 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, and welfare or materially
injurious to property or improvements in the vicinity or if the Property is operated or
maintained to constitute a public nuisance.
14. Before 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.
15. Before 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.
16. Before issuance of building permits, a copy of the Resolution, including conditions of
approval Exhibit “A” shall be incorporated into the Building Division and field sets of
plans.
17. Before the issuance of building permits, the applicant shall submit a final landscape and
irrigation plan. These plans shall incorporate drought-tolerant plantings, non-invasive
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plant species, and water-efficient irrigation design. The plans shall be subject to review
and approval by the Planning Division.
18. 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.
19. Construction activities shall comply with Section 10.28.040 (Construction Activity—
Noise Regulations) 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.
20. 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:
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
21. Before the issuance of building permits, the Applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
22. 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.
23. This Coastal Development Permit 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.
24. 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 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 Gross Residence, including, but not limited to the
Coastal Development Permit (PA2022-0281). This indemnification shall include, but not
be limited to, damages awarded against the City, if any, costs of suit, attorney’s fees, and
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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 the City's costs, attorneys'
fees, and damages, which the City incurs in enforcing the indemnification provisions
outlined in this condition. The applicant shall pay to the City upon demand any amount
owed to the City under the indemnification requirements prescribed in this condition.
Fire Department
25. A minimum three (3)-foot wide fire department access way is required on one side of
the yard from the street frontage to the rear yard.
26. Fire sprinklers are required.
Building Division
27. 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.
28. 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
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top six (6)-inch surface layer, subject to review/discretion of the geotechnical
engineer.
29. Site drainage shall not discharge into alleys unless proof of a common drainage
easement is submitted. Otherwise, drainage shall be within the private property and
directed to discharge into Marino Drive.
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Coastal Development Permit
(PA2022-0281)
2508 Marino Drive
Subject Property
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Attachment No. ZA 3
Project Plans
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