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HomeMy WebLinkAbout05_Mendes Residence CDP_PA2023-0025CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT December 14, 2023 Agenda Item No. 5 SUBJECT: Mendes Residence (PA2023-0025) ▪Coastal Development Permit SITE LOCATION: 208 Via Lido Nord APPLICANT: Olson Architects OWNER: Vivien Vander Poel Mendes Family Trust PLANNER: Oscar Orozco, Assistant Planner 949-644-3219 or oorozco@newportbeachca.gov LAND USE AND ZONING •General Plan Land Use Plan Category: RS-D (Single Unit Residential Detached) •Zoning District: R-1 (Single-Unit Residential) •Coastal Land Use Plan Category: RSD-C (Single Unit Residential Detached) – (10.0 –19.9 DU/AC) •Coastal Zoning District: R-1 (Single-Unit Residential) PROJECT SUMMARY The applicant requests a coastal development permit (CDP) to allow the demolition of an existing single-unit dwelling and construction of a new, 2,503-square-foot, two-story single- unit dwelling and an attached 422-square-foot two-car garage. The project includes reinforcement and raising of the existing bulkhead. The project also includes landscaping, hardscaping, and site walls. The project complies with all applicable development standards and no deviations are requested. All improvements authorized by this CDP will be located on private property. RECOMMENDATION 1)Conduct a public hearing; 2)Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment; and 3)Adopt Draft Zoning Administrator Resolution No. _ approving the Coastal Development Permit filed as PA2023-0025 (Attachment No. ZA 1). 1 Mendes Residence (PA2023-0025) Zoning Administrator, December 14, 2023 Page 2 DISCUSSION Land Use and Development Standards • The subject property is in the R-1 Coastal Zoning District, which provides for single- unit residential development and is consistent with the City’s Coastal Land Use Plan, General Plan, and Zoning Code. A CDP is required, and the property is not eligible for a waiver for de minimis development because the property is in the Coastal Commission Appeal Area. • The property currently consists of one legal lot developed with a single-unit dwelling. The neighborhood is predominantly developed with two-story, single-unit dwellings. The proposed design, bulk, and scale of the development are consistent with the existing neighborhood pattern of development, and the expected future development is consistent with applicable development standards. • The proposed single-unit dwelling and accessory structures conform to all applicable development standards, including floor area limit, setbacks, height, and off-street parking as evidenced by the project plans and illustrated in Table 1 below. • Table 1 – Development Standards1 Development Standard Standard Proposed Setbacks (min.) Front (water) 10 feet 10 feet Second Front (Via Lido Nord) 4 feet 4 feet Side 3 feet 3 feet Allowable Floor Area (max.) 3,648 square feet 2,925 square feet Open Volume Area (min.) 273 square feet 278 square feet Parking (min.) 2-car garage 2-car garage Height (max.) 24-foot flat roof 29-foot sloped roof 24 feet to highest guardrail 24.15 to highest ridge Hazards • The development fronts the Newport Bay and is a private bay front parcel. The project site is protected by an existing bulkhead. A Coastal Hazards Report and bulkhead conditions report was prepared by PMA Consulting, INC. on January 24, 2023. The report concludes that the highest high tide elevation (currently 7.70 feet 1 The proposed structure does not include a third story and, therefore, the third-floor development standards are not included in the development standard overview. 2 Mendes Residence (PA2023-0025) Zoning Administrator, December 14, 2023 Page 3 North American Vertical Datum of 1988 [NAVD 88]) will not exceed 10.8 feet (NAVD 88) using the low-risk aversion projected sea level rise (3.10-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 report states that the estimated sea level rise over the next 75 years, using the Medium- High Risk Aversion, is potentially 6.7 feet (14.4 feet NAVD 88). The finish floor elevation of the proposed dwelling is 11.50 feet (NAVD 88). The report concluded that the bulkhead should be repaired and reinforced through the installation of new tiebacks and new deadmen. The installation of the tiebacks and deadmen will occur after the demolition of the existing home is complete and prior to the construction of the new home. Once the bulkhead is reinforced in accordance with the enclosed drawings, no repair or replacement of the bulkhead is anticipated within the next 75 years. • As conditioned pursuant to Newport Beach Municipal Code (NBMC) Section 21.30.030(C)(3)(i)(iv) - (Bulkheads for nonresidential and residential waterfront development), the property owner will be required to enter into an agreement with the City waiving any potential right to protection to address situations in the future in which the development is threatened with damage or destruction by coastal hazards (e.g., waves, erosion, and sea level rise). The property owner will also be required to acknowledge any hazards present at the site and unconditionally waive any claim to damage or liability against the decision authority, consistent with NBMC Section 21.30.015(D)(3)(c) – (Waterfront Development, Development Standards). Both requirements are included as conditions of approval that will need to be satisfied prior to the issuance of building permits for construction. In addition, the project has been conditioned so that any improvements located on tidelands, submerged lands, and/or lands that may be subject to the public trust shall require a coastal development permit (CDP) approved by the California Coastal Commission (Coastal Commission). • 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 a building permit. Permit issuance is also contingent on the inclusion of design mitigation identified in the investigations. Construction plans are reviewed for compliance with approved investigations and the CBC prior to building permit issuance. Water Quality • The property is located adjacent to coastal waters. Under Section 21.35.030 (Construction Pollution Prevention Plan) of the Municipal Code, a Construction Pollution Prevention Plan (CPPP) is required to implement temporary Best 3 Mendes Residence (PA2023-0025) Zoning Administrator, December 14, 2023 Page 4 Management Practices (BMPs) during construction to minimize erosion and sedimentation and to minimize pollution of runoff and coastal waters derived from construction chemicals and materials. A CPPP has been provided and construction plans and activities will be required to adhere to the CPPP. • The project design addresses water quality with a construction erosion control plan and a post-construction drainage system that includes drainage and percolation features designed to retain dry weather runoff and minor rain event runoff on-site. Any water not retained on-site is directed to the City’s storm drain system. • Pursuant to Municipal Code Section 21.35.050 (Water Quality and Hydrology Plan), due to the proximity of the development to the shoreline and the development containing more than 75 percent of impervious surface area, a Water Quality and Hydrology Plan (WQHP) is required. The WQHP has been reviewed and approved by the City’s Engineer Geologist. The WQHP includes a polluted runoff and hydrologic site characterization, a sizing standard for best management practices (BMPs), use of a low-impact development (LID) approach to retain the design storm runoff volume on site, and documentation of the expected effectiveness of the proposed BMPs. Construction plans will be reviewed for compliance with the approved WQHP prior to building permit issuance. Public Access and Views • The project site is located between the nearest public road and the sea or shoreline; however, the project will not affect the public’s ability to gain access to, use, and/or view the coast and nearby recreational facilities. Informal (i.e., not designated by the Coastal Land Use Plan) vertical access to the bay front is available approximately 100 feet west of the site where there is a small public beach with access to the water. • The closest public viewpoint is located at the bridge to Lido Island approximately 900 feet away. The proposed residence is not located near coastal view roads, as designated in the Coastal Land Use Plan. Due to the distance of the proposed development from the public viewpoint and the project’s compliance with height, setbacks, the project will not impact coastal views. The project may be located within the viewshed of other distant public viewing areas. Site evaluation revealed that the proposed two-story design is consistent with the existing neighborhood pattern of development and will not affect the existing views afforded from the bridge at Lido Island. The project will replace an existing single-family residence with a new single-family residence that complies with all applicable Local Coastal Program (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. 4 Mendes Residence (PA2023-0025) Zoning Administrator, December 14, 2023 Page 5 ENVIRONMENTAL REVIEW This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. The Class 3 exemption includes the construction of limited numbers of new, small structures, including one single- family residence. The proposed project is a new single-family residence located in the R-1 Coastal Zoning District. There are no known exceptions listed in CEQA Guidelines Section 15300.2 that would invalidate the use of these exemptions. PUBLIC NOTICE Notice of this public hearing was published in the Daily Pilot, mailed to all owners and residential occupants of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways), including the applicant, and posted on the subject property at least 10 days before the scheduled hearing, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the city website. 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 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. For additional information on filing an appeal, contact the Planning Division at 949-644-3200. Prepared by: CC/oo Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Project Plans 5 Attachment No. ZA 1 Draft Resolution 6 01-10-2023 RESOLUTION NO. ZA2023-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING A COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING SINGLE- UNIT DWELLING AND CONSTRUCT A NEW TWO-STORY SINGLE-UNIT DWELLING AND ATTACHED TWO-CAR GARAGE LOCATED AT 208 VIA LIDO NORD (PA2023-0025) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Olson Architects, concerning property located at 208 Via Lido Nord and legally described as lot 858 of Tract No. 907 requesting approval of a coastal development permit. 2. The applicant requests a coastal development permit (CDP) to allow the demolition of an existing single-unit dwelling and construction of a new, 2,503-square-foot, two-story single- unit dwelling and an attached 422-square-foot two-car garage. The project includes reinforcement and raising of the existing bulkhead. The project also includes landscaping, hardscaping, and site walls. The project complies with all applicable development standards and no deviations are requested. 3. The subject property is designated Single Unit Residential Detached (RS-D) by the General Plan Land Use Element and is located within the Single-Unit Residential (R-1) Zoning District. 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Single Unit Residential Detached (RSD-C) (10.0 – 19.9 DU/AC) and it is located within the Single-Unit Residential (R-1) Coastal Zoning District. 5. A public hearing was held on December 14, 2023, online via Zoom. A notice of the time, place, and purpose of the hearing was given by the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is categorically exempt pursuant to Title 14 of the California Code of Regulations Section 15303, Division 6, Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (CEQA) under Class 3 (New Construction or Conversion of Small Structures) because it has no potential to have a significant effect on the environment. 2. Class 3 exempts the demolition, construction, or conversion of up to three single-family residences in urbanized areas. The proposed project consists of the demolition of an existing single-unit dwelling and construction of a new 2,503-square-foot, two-story single- 7 Zoning Administrator Resolution No. ZA2023-### Page 2 of 9 01-10-2023 unit dwelling and an attached 422-square-foot two-car garage. The project also includes reinforcement and raising of the existing bulkhead. 3. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. By Section 21.52.015(F) (Coastal Development Permits - Findings and Decision) of the NMBC, 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 3,648 square feet and the proposed floor area is 2,925 square feet. b. The proposed development provides the minimum required setbacks, which are 10 feet along the front property line abutting the Newport Bay, 3 feet along each side property line and 4 feet along the property line abutting Via Lido Nord. c. The highest guardrail is 24 feet from established grade and the highest ridge is no more than 29 feet from established grade, which comply with the maximum height requirements. d. The project includes garage parking for a total of two vehicles, complying with the minimum two-car garage parking requirement for single-unit dwellings with less than 4,000 square feet of habitable floor area. 2. The neighborhood is predominantly developed with two story, single-unit dwellings. The proposed design, bulk, and scale of the development are consistent with the existing neighborhood pattern of development. 3. A Coastal Hazards Report and bulkhead conditions report was prepared by PMA Consulting, INC. on January 24, 2023. The report concludes that the highest high tide elevation (currently 7.70 feet North American Vertical Datum of 1988 [NAVD 88]) will not exceed 10.8 feet (NAVD 88) using the low-risk aversion projected sea level rise (3.10- 8 Zoning Administrator Resolution No. ZA2023-### Page 3 of 9 01-10-2023 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 report states that the estimated sea level rise over the next 75 years, using the Medium-High Risk Aversion, is potentially 6.7 feet (14.4 feet NAVD 88). The finish floor elevation of the proposed dwelling is 11.50 feet (NAVD 88). The report concluded that the bulkhead should be repaired and reinforced through the installation of new tiebacks and new deadmen. The installation of the tiebacks and deadmen will occur after the demolition of the existing home is complete and prior to the construction of the new home. Once the bulkhead is reinforced in accordance with the enclosed drawings, no repair or replacement of the bulkhead is anticipated within the next 75 years. 4. The finished floor elevation of the proposed single-unit dwelling is 11.50 feet (NAVD 88), which complies with the minimum 9.00-foot (NAVD 88) elevation standard. 5. Pursuant to NBMC Section 21.30.030(C)(3)(i)(iv), the property owner will be required to enter into an agreement with the City waiving any potential right to protection to address situations in the future in which the development is threatened with damage or destruction by coastal hazards (e.g., waves, erosion, and sea level rise). The property owner will also be required to acknowledge any hazards present at the site and unconditionally waive any claim to damage or liability against the decision authority, consistent with NBMC Section 21.30.015(D)(3)(c). Both requirements are included as conditions of approval that will need to be satisfied prior to the issuance of building permits for construction. 6. The property is 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 before 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 before building permit issuance. 7. 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. 8. Pursuant to Municipal Code Section 21.35.050 (Water Quality and Hydrology Plan), due to the proximity of the development to the shoreline and the development containing more than 75 percent of impervious surface area, a Water Quality and Hydrology Plan (WQHP) is required. A WQHP prepared by Core Civil Engineering, Inc., dated November 15, 2017, has been reviewed and approved by the City’s Engineer Geologist the WQHP includes a polluted runoff and hydrologic site characterization, a sizing standard for best management practices (BMPs), use of a low-impact development (LID) approach to retain the design storm runoff volume on site, and documentation of the expected effectiveness of the proposed BMPs. 9. The property is located adjacent to coastal waters. Under Section 21.35.030 (Construction Pollution Prevention Plan) of the Municipal Code, a Construction Pollution Prevention Plan 9 Zoning Administrator Resolution No. ZA2023-### Page 4 of 9 01-10-2023 (CPPP) is required to implement temporary Best Management Practices (BMPs) during construction to minimize erosion and sedimentation and to minimize pollution of runoff and coastal waters derived from construction chemicals and materials. A CPPP has been provided and construction plans and activities will be required to adhere to the CPPP. 10. Proposed landscaping complies with Implementation Plan Section 21.30.075 (Landscaping). A condition of approval is included that requires drought-tolerant species. Before the issuance of building permits, the final landscape plans will be reviewed to verify invasive species are not planted. 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. Fact in Support of Finding: 1. The project site is located between the nearest public road and the sea or shoreline; however, the project will not affect the public’s ability to gain access to, use, and/or view the coast and nearby recreational facilities. Informal (i.e., not designated by the Coastal Land Use Plan) vertical access to the bay front is available approximately 100 feet west of the site where there is a small public beach with access to the water. 2. The closest public viewpoint is located at the bridge to Lido Island approximately 900 feet away. The proposed residence is not located near coastal view roads, as designated in the Coastal Land Use Plan. Due to the distance of the proposed development from the public viewpoint and the project’s compliance with height, setbacks, the project will not impact coastal views. The project may be located within the viewshed of other distant public viewing areas. Site evaluation revealed that the proposed two-story design is consistent with the existing neighborhood pattern of development and will not affect the existing views afforded from the bridge at Lido Island. The project will replace an existing single-family residence with a new single-family residence that complies with all applicable Local Coastal Program (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. 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 under 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. 10 Zoning Administrator Resolution No. ZA2023-### Page 5 of 9 01-10-2023 2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit (PA2023-0025), 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 14TH DAY OF DECEMBER, 2023. _____________________________________ Benjamin M. Zdeba, AICP, Zoning Administrator 11 Zoning Administrator Resolution No. ZA2023-### Page 6 of 9 01-10-2023 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 1. The development shall be in substantial conformance with the approved site plan, floor plans, and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. Prior to the final building permits, 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 including the repair and maintenance, enhancement, reinforcement, or any other activity affecting the bulkhead, that results in any encroachment seaward of the authorized footprint of the bulkhead or other shoreline protective device. The agreement shall be binding against the property owners and successors and assigns. 3. Prior to the final 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 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 the City’s approval of the development. This letter shall be scanned into the plan set before building permit issuance. 4. This approval does not authorize any new or existing improvements (including landscaping) on California Coastal Permit Jurisdiction, State tidelands, public beaches, or the public right-of-way. Any improvements located on tidelands, submerged lands, and/or lands that may be subject to the public trust shall require a coastal development permit (CDP) approved by the California Coastal Commission (Coastal Commission). Before the issuance of building permits, the applicant shall provide a copy of said coastal development permit or CDP waiver or documentation from the Coastal Commission that subject improvements are not subject to the permit requirements of the Coastal Act and/or not located within the permit jurisdiction of the Coastal Commission. 5. 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. 6. This Coastal Development Permit does not authorize any development seaward of the private property. 12 Zoning Administrator Resolution No. ZA2023-### Page 7 of 9 01-10-2023 7. 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 or two short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active. 8. 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. 9. 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. 10. 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. 11. 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. 12. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new Coastal Development Permit. 13. The project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 13 Zoning Administrator Resolution No. ZA2023-### Page 8 of 9 01-10-2023 14. 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. 15. 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. 16. Prior to 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. 17. Prior to 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. 18. Prior to 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. 19. Prior to issuance of building permits, the applicant shall submit a final landscape and irrigation plan. These plans shall incorporate drought-tolerant plantings, non-invasive plant species, and water-efficient irrigation design. The plans shall be approved by the Planning Division. 20. All landscape materials and irrigation systems shall be maintained by 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. 21. 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 to 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. 22. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 (Community Noise Control) 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 14 Zoning Administrator Resolution No. ZA2023-### Page 9 of 9 01-10-2023 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. Before the issuance of the building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 24. 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. 25. 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. 26. 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 Mendes Residence including but not limited to, Coastal Development Permit (PA2023-0025). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney’s fees, and other expenses incurred in connection with such claim, action, causes of action, suit, or proceeding whether incurred by the applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all 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. Public Works Department 27. Prior to building permit final, the applicant shall install a new sewer cleanout on the existing sewer lateral per City Standard 406. 15 Attachment No. ZA 2 Vicinity Map 16 VICINITY MAP Coastal Development Permit PA2023-0025 208 Via Lido Nord Subject Property Subject Property 17 Attachment No. ZA 3 Project Plans 18 kitchen elev pantry great room stair powder garage up stor open above dining room hallup 10'-0" FRONT SETBACK 3'- 0 " SID E SET B A C K 3'-0 " SID E SE T B A C K 4'-0"FRONTSETBACK S6 1 ° 0 0 ' 0 0 " E 3 0 . 0 ' ne w p o r t b a y N29°00'00"E 90.0' N29°00'00"E 90.0' S6 1 ° 0 0 ' 0 0 " E 3 0 . 0 ' via l i d o n o r d (9.28FS) (9.2 F S ) (12.64FS)(12.17FS)(12.01FS) (11 . 0 4 F S ) (11.06FS) (11. 5 4 F F ) (29.63)TOR (11. 0 F S ) (13.27TW) (10.86FS) (10.85FS) (13 . 0 6 T W ) (10 . 8 5 F S ) (7.35TW) (7.3TW ) (7.31TW) (7.3 T W ) (15.2 7 T W ) (11.28FS)(11.79FS)(12.18FS) (11.39FS)(12.17FS) (11.2 F S ) (11.3 F S ) (11.6FS) (12.3 4 F S ) (12.3 7 F S ) (12 . 9 2 F F ) (12.11GF) (12. 1 F S ) (12. 1 F S ) (1 2 . 0 6 F S ) (11.63FS)(12.23FS)(12.09FS)(17.62T W) (17. 6 4 T W ) (18.04TW )(11. 9 6 T C ) (11.9 2T (11.49FL)3" OUTLET (11.94TC)(11.50FL) (11. 9 0 F S ) (11.9F (34.05)RIDGE ((1 4'-0" P.U.E. WM 3'-1 1 / 2 " 7'- 0 " 1'-0" 19' - 3 1 / 2 " 20'-4 1/2" 3'- 1 1 / 4 " 3'-0 " 3'-0 " 3'-0" kitchen elev pantry great room stair powder garage up stor open above dining room hallup ℄ (36. 0 6 )TOR 10'-0" FRONT SETBACK 3'-0 " SID E SET B A C K 3'-0 " SID E SE T B A C K 4'-0"FRONTSETBACK S6 1 ° 0 0 ' 0 0 " E 3 0 . 0 ' ne w p o r t b a y N29°00'00"E 90.0' N29°00'00"E 90.0' S6 1 ° 0 0 ' 0 0 " E 3 0 . 0 ' via l i d o n o r d (9.2 8 F S ) (9. 2 F S ) (12.64FS)(12.17FS)(12.01FS) (11 . 0 4 F S ) (11.06FS) (11. 5 4 F F ) (29.63)TOR (11.0FS)(13.27TW) (10. 8 6 F S ) (10 . 8 5 F S ) (13 . 0 6 T W ) (10.85FS) (7.35TW) (7.3TW ) (7.31TW) (7.3TW)(15.2 7 T W ) (11.28FS)(11.79FS)(12.18FS) (11.39FS)(12.17FS) (11.2 F S ) (11.3 F S ) (11.6FS) (12 . 3 4 F S ) (12 . 3 7 F S ) (12.92 F F ) (12. 1 1 G F ) (12.1FS)(12.1FS) (1 2 . 0 6 F S ) (11.63FS)(12.23FS)(12.09FS)(17.62 TW (17.64TW) (18.04TW )(11.96TC) (11.92 (11.49FL)3" OUTLET (11.94TC)(11.50FL) (11. 9 0 F S ) (11 (34.05)RIDGE 4'-0" P.U.E. WM expansionjoint expansionjoint 2.5" 8" 1 1/2" 1 1/2" 75'-9 1/2" 23'- 9 " 75'-9 1/2" 19'- 1 0 1 / 2 " 1'-8 " 7 1/2" 16' - 6 1 / 2 " 1'-8 " 17'-0"31'-8 1/2"3'-0"10'-8"13'-5" 2'-5 1 / 2 " 1'-3" 18' - 1 0 " 2'-5 1 / 2 " 11'-10 1/2"12'-2 1/2"4'-10 1/2" 5'-3 "5'-3" 13'-8"4'-7" 1'-0 " 1'-7 " 21'-2" 4'-1 1 1 / 2 " 9'-8 " 9'-8 1 / 2 " 6" 2'-2" 1'-0" 7'-2" 2'-2" 1'-3 1 / 2 " 7 1/2" F.F. = 11.50 1'- 3 1 / 2 " T.O.C. = 12.60 T.O.C. = 12.60 6" 6" 1 1/ 2 " 12" 7'-5" 135°135° 90° 1'-0 " 6"6" 12" F.S. = 12.00F.S. = 12.38 F.S. = 12.60 12" F.S. = 12.58 10'-0" FRONT SETBACK 3'-0 " SID E SE T B A C K 3'-0 " SID E SET B A C K 4'-0" FRONTSETBACK S6 1 ° 0 0 ' 0 0 " E 3 0 . 0 ' ne w p o r t b a y N29°00'00"E 90.0' N29°00'00"E 90.0' S6 1 ° 0 0 ' 0 0 " E 3 0 . 0 ' via l i d o n o r d (9.28FS) (9.2FS) (12.64FS)(12.17FS)(12.01FS) (11 . 0 4 F S ) (11.06FS) (11. 5 4 F F ) (29.63)TOR (11. 0 F S ) (13.27TW) (10.86FS) (10.85FS) (13 . 0 6 T W ) (10.85FS) (7.35TW) (7. 3 T W ) (7. 3 1 T W ) (7.3 T W ) (15.2 7 T W ) (11.28FS)(11.79FS)(12.18FS) (11.39FS)(12.17FS) (11 . 2 F S ) (11 . 3 F S ) (11.6FS) (12 . 3 4 F S ) (12 . 3 7 F S ) (12 . 9 2 F F ) (12.11GF) (12. 1 F S ) (12.1FS) (12 . 0 6 F S ) (11.63FS)(12.23FS)(12.09FS)(17.62T W) (17. 6 4 T W ) (18.04TW )(11.96TC) (11. 9 2T (11.49FL)3" OUTLET (11.94TC)(11.50FL) (11.90FS) (11.9F (34.05)RIDGE 4'-0"P.U.E. WM roof deck dn ice ref a/c a/c mech mech RAK E RAK E RIDGE RIDGE RIDGE RIDGE VAL L E Y VAL L E Y VAL L E Y 3:12SLOPE 3:12SLOPE 3:12SLOPE 3:12SLOPE 3:12SLOPE3:12SLOPE 3:12SLOPE 3:12SLOPE 3:12SLOPE 3:12SLOPE 1'- 0 " 10 1 / 2 " 1'-0"1'-0" 1'-0 " 2'-0 " 4'-1" 1'-0 " 1'-0" 10 1 / 2 " ~3:12SLOPE~3:12SLOPE HIP HIP HIP HIP 2'-1 1 / 2 " 3'-5 " 2'-1 1 / 2 " 3'-1 1/2" 3'-1 1/2" HIP HIP HIP HIP 3:12SLOPE T.RIDGE = 35.70 23'-9" ABOVE E.G.24'-2" ABOVE E.G.T.O. RAIL = 35.54 T.RIDGE = 35.5924'-1/2" A.E.G. 2'-1 1 / 2 " DESCRIPTIONISSUE DATE 4 7 0 w a l d irv i n e , c a 9 2 6 1 8 (94 9 ) 4 5 0 . 0 0 9 3 inf o @ o l s o n a r c h i t e c t . c o m JOB NO. IN-HOUSE DROA 2110 PLAN CHECK : PC2023, 1195 PLOT DATE 10/5/23 me n d e s r e s i d e n c e 20 8 v i a l i d o n o r d ne w p o r t b e a c h , c a 9 2 6 6 3 ne w s i n g l e f a m i l y ALL DRAWINGS, DESIGNS AND WRITTEN MATERIALAPPEARING HEREIN CONSTITUTE THE ORIGINAL ANDUNPUBLISHED WORK OF DAVID R OLSON ARCHITECTSAND THE SAME SHALL NOT BE DUPLICATED, USED,OR ASSIGNED TO ANY THIRD PARTY WITHOUT THEWRITTEN CONSENT OF DAVID R. OLSON ARCHITECTS. 01/29/23CDP SUB 4/17/23CDP SUB 2 / CITY SUB 11 7/7/23CITY SUB 22 10/5/23CITY SUB 33 A1.1 site, slab edge &roof plans L K J H G F E D C B A site plan general notes REFER TO CIVIL ENGINEERING PLANS FOR EXACT BUILDING LOCATIONS, GRADING,DRAINAGE, FLOWLINES, GUTTERS, CURBS, ETC. REFER TO LANDSCAPE PLANS FOR LANDSCAPE, SITE IRRIGATION, HARDSCAPE WALLS,GATES, POOL AND FOUNTAIN FEATURES, EXTERIOR SCULPTURE PEDESTALS, EXTERIOREQUIPMENT LOCATIONS (CONDENSING UNITS, ETC.), SITE LIGHTING, ETC. NOT A PART REFER TO CIVIL ENGINEERING PLANS FOR EXISTING UTILITY LOCATIONS, FIELD VERIFY REFER TO UTILITY PLAN FOR HOSE BIBBS/BBQ GAS STUB OUTS METER LOCATIONS ARE APPROXIMATE; DESIGN BUILD SUBCONTRACTOR TO FIELD VERIFYEXACT LOCATION AND TO RECEIVE APPROVAL FROM THE APPROPRIATE UTILITY COMPANYIN REGARD TO LOCATIONS (CONDENSING UNITS, ETC.), SITE LIGHTING, ETC. FRONT PROPERTY CORNERS TO BE LOCATED PRIOR TO CONSTRUCTION. POOLS, SPAS, WALLS, FENCES, PATIO COVERS AND OTHER FREESTANDING STRUCTURESREQUIRE SEPARATE REVIEWS AND PERMITS. ELECTRICAL SERVICE TO BE UNDERGROUND IF SERVICE IS RELOCATED OR A NEWSERVICE IS INSTALLED. GRADING INSPECTOR IS TO BE CONTACTED TO SCHEDULE A SITE PRE-CONSTRUCTIONMEETING 48 HRS PRIOR TO START OF GRADING OR CONSTRUCTION. ELECTRIC COMPANY APPROVAL IS REQUIRED FOR METER LOCATION PRIOR TOINSTALLATION. FIELD INSPECTORS TO REVIEW AND APPROVE UNDERGROUND SERVICE REQUIREMENTPRIOR TO CONCRETE PLACEMENT. EXISTING PROPERTY LINE IN-WALL DRAIN - TIE TO CIVIL SYSTEM AQUALINE PERMEABLE PAVERS WALKWAY/DRIVEWAY. SLOPE TO DRAIN PER CIVIL PEDESTAL DECK OVER PERMEABLE PAVERS EXISTING PUBLIC SIDEWALK AND CURB PROPERTY LINE FENCE / WALL PER CIVIL DRAWINGS. MAXIMUM HEIGHT NOT TO EXCEED 6'ABOVE EXISTING SURFACE. ENTIRE FENCE/WALL TO BE ON THIS PROJECT'S PROPERTY DASHED LINES INDICATE BUILDING SETBACK LINE TO FACE OF FINISH NEW 42" GLASS GUARDRAIL PER DETAIL 20/D1.3 MAINTAIN 3 FOOT ACCESS ON SIDEYARD GAS METER LOCATION MECHANICAL EQUIPMENT LOCATION PER CIVIL ELECTRICAL METER LOCATION - VERIFY WITH CIVIL SEWER LATERAL LOCATION - VERIFY WITH CIVIL UTILITIES AS NOTED - VERIFY WITH CIVIL AUTOMATICALLY ILLUMINATED BUILDING ADDRESS NUMBERS EXISTING SEAWALL - REPAIR AND MODIFICATION UNDER SEPARATE PERMIT. S17 NEW IRON GATE PER LANDSCAPE DRAWINGS site plan keynotes S16 S15 S14 S13 S12 S11 S10 S9 S8 S7 S6 S5 S4 S3 S2 S1 S18 BOTTOMLESS TRENCH DRAIN PER CIVIL S19 EXISTING WALL WITH NEIGHBORING PROPERTY TO REMAIN S20 AUTOMATIC SECTIONAL GARAGE DOOR PER SCHEDULE S21 LANDSCAPING PER LANDSCAPE DRAWINGS S22 NEW CONDENSING UNIT S23 TRASH AREA S24 METER LOCATIONS S25 LINE OF FLOOR ABOVE S26 HARDSCAPE PER LANDSCAPE DWGS, SLOPE TO DRAIN PER CIVIL S27 DOWNSPOUT-TIE TO CIVIL SYSTEM S28 MAXIMUM SETBACK ENCROACH AT CHIMNEY TO BE 12" (24" FROM P.L) M A CAL-OSHA PERMIT IS REQUIRED FOR EXCAVATIONS DEEPER THAN 5' AND FOR SHORINGAND UNDERPINNING." N POOLS, SPAS, FENCES, PATIO COVERS, AND OTHER FREESTANDING STRUCTURESREQUIRE SEPARATE REVIEWS AND PERMITS. O FENCES, HEDGES, WALLS, RETAINING WALLS, GUARDRAILS AND HANDRAILS OR ANYCOMBINATION THEREOF SHALL NOT EXCEED 42" FROM EXISTING GRADE PRIOR TOCONSTRUCTION WITHIN THE REQUIRED SETBACK AREA(S). site plan 1/4"=1'-0" A first floor / garage slab edge plan B 1/4"=1'-0" roof plan keynotes CONNECT ROOF DRAINS TO SUB-GRADE DRAINAGE SYSTEM; VERIFY WITH CIVIL ENGINEER ORLANDSCAPE ARCHITECT. WHERE ROOF DRAINS ARE REQUIRED, OVERFLOW DRAINS HAVINGTHE SAME SIZE AS THE ROOF, SHALL BE INSTALLED WITH THE INLET FLOOR LINE LOCATED 2"ABOVE THE LOW POINT OF THE ROOF. OVERFLOW DRAINS SHALL BE INDEPENDENT OF ROOFDRAINS, ALL ROOF DRAINS SHALL BE EQUIPPED WITH STRAINERS EXTENDING NOT LESS THAN4" ABOVE THE IMMEDIATE SURFACE. GANG ALL VENT STACKS WHEREVER POSSIBLE AND WHERE ALLOWED BY CODE TO MINIMIZEROOF PENETRATIONS, LOCATE IN AN ORDERLY MANNER AND IN AN AREA SO AS NOT TO BESEEN FROM ANY GRADE LEVEL SURROUNDING AREAS, PRIME AND PAINT TO MATCH GRAVELBALLAST. ICC NUMBER FOR BRISTOLITE SKYLIGHTS: ESR-3177 ALL B.U.R. AREAS TO SLOPE AT 1/4" PER FOOT MINIMUM PROVIDE ATTIC DRAFT STOP AT 3000 S.F. MAXIMUM ATTIC VENTILATION OPENINGS SHALL BE COVERED WITH CORROSION-RESISTANT METAL MESHWITH MESH OPENINGS OF 1/4" IN DIMENSION. DETAILS FOR VENT PIPE FLASHING 12/D1.2 WATERPROOF DECK BY DEX-O-TEK WEATHERWEAR OR BETTER, SLOPE TO THROUGH WALLOVER FLOW SCUPPER AND DECK DRAIN WITH IN WALL DRAIN LINE TIED TO CIVIL. ICC-ESESR-1757 42" HIGH TEMPERED GLASS GUARDRAIL LINE OF WALL BELOW 3" DRAIN-ROUTE TO CIVIL SYSTEM ROOF DECK BELOW DASHED LINES INDICATE PVE SOLAR ARRAY. SOLAR PV WITH MINIMUM 2.88 kW DC MUST BEOBTAINED UNDER SEPARATE REVIEW AND PERMIT NOT USED ASPHALT ROOF SHINGLES, OVER TWO LAYERS 15 POUND FELT SHEATHING. ROOF ASSEMBLY ISA CLASS "A" ROOF ASSEMBLY PER ICC ESR-2119.ROOF ASSEMBLY IS 10LBS PER S.F. INSTALLED. SLOPE AS NOTED, roof plan general notes A B C D E F G R11 R10 R9 R8 R7 R6 R5 R4 R3 R2 R1 R12 PROVIDE THROUGH WALL OVERFLOW SCUPPER CALIFORNIA FRAMED ROOF AREA. MIN 3:12 SLOPE. R13 VENT FOR GAS ONLY DIRECT VENT FIREPLACE. INSTALL PER MANUFACTURER'SREQUIREMENTS. NO ROOF CLEARANCE REQUIREMENTS. PER CMC802.8.2 ATTIC IS UNVENTED SPACE PER R806.5. SEE DETAILS ON D1.2H NOT USED CRICKET AS REQUIRED FOR POSITIVE DRAINAGE roof plan C1/4"=1'-0" S1 S1 S1 S1 R12 S3 S3 S4 S6 S6 S7 S7 S7 S7 S28 R1 R1 R1 R1 R1 R2 R4 R5 R5 R7 R8 R7R8 R7 R6 R2 R10 R11 R11 R11 R11 R1 R12 R14 6 D1.2 15 D1.2 15D1.3 1D1.2 1D1.2 5D1.2 5D1.2 4D1.2 4D1.2 3D1.2 16D1.2 slope per civil 1D1.3 2D1.3 R13 R13 slope per civil 2% SL O P E 2% S L O P E 2% SLOPE 2% S L O P E 2% SLOPE 2% SL O P E F.G.=11.43 T.R.=14.35 (E)T.W.=13.06 (E)T.W.=13.27 S8 (E)T.W.=13.27 (E)T.W.=13.06S9 S16 S5 S20 S21 S21S21 S21 S231 1 1 1 1 1 1 F.G.=10.85 T.W.=11.50 2 S26 S3 S3 S26 S26 S3S3 3 19 DESCRIPTIONISSUE DATE 4 7 0 w a l d irv i n e , c a 9 2 6 1 8 (94 9 ) 4 5 0 . 0 0 9 3 inf o @ o l s o n a r c h i t e c t . c o m JOB NO. IN-HOUSE DROA 2110 PLAN CHECK : PC2023, 1195 PLOT DATE 11/17/23 me n d e s r e s i d e n c e 20 8 v i a l i d o n o r d ne w por t b e a c h , c a 9 2 6 6 3 ne w s i n g l e f a m i l y ALL DRAWINGS, DESIGNS AND WRITTEN MATERIALAPPEARING HEREIN CONSTITUTE THE ORIGINAL ANDUNPUBLISHED WORK OF DAVID R OLSON ARCHITECTSAND THE SAME SHALL NOT BE DUPLICATED, USED,OR ASSIGNED TO ANY THIRD PARTY WITHOUT THEWRITTEN CONSENT OF DAVID R. OLSON ARCHITECTS. 01/29/23CDP SUB 4/17/23CDP SUB 2 / CITY SUB 11 7/7/23CITY SUB 22 10/5/23CITY SUB 33 11/17/23CITY SUB 44 T1.2 3d images 20