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HomeMy WebLinkAbout01_Manly Residence Coastal Development Permit_PA2018-18203/13/2018 CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT November 20, 2018 Agenda Item No. 1 SUBJECT:Manly Residence (PA2018-182) Coastal Development Permit No. CD2018-074 SITE LOCATION:2612 Mesa Drive APPLICANT:William Guidero OWNER:John and Jill Manly PLANNER:Liz Westmoreland, Assistant Planner 949-644-3234, lwestmoreland@newportbeachca.gov LAND USE AND ZONING x General Plan:RS-D (Single-Unit Residential Detached) x Zoning District: SP-7 Santa Ana Heights Specific Plan (Residential Equestrian – Minimum Building Site (2 Acres)) x Coastal Land Use Category: RSD-A Single Unit Residential Detached –(0.0 –5.9 DU/AC) x Coastal Zoning District:SP-7 Santa Ana Heights Specific Plan PROJECT SUMMARY A request for a coastal development permit (CDP) to allow the demolition of a portion of an existing single-family residence and construction of a 1,851-square-foot addition and an attached 1,158-square-foot, 4-car garage. The total resulting living and garage floor area would be 5,384 square feet. The design includes minor accessory structures such as hardscape, walls, landscaping, and drainage facilities. The project complies with all development standards and no deviations 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), because it has no potential to have a significant effect on the environment; and 3) Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development Permit No. CD2018-074 (Attachment No. ZA 1). 11 Manly Residence Zoning Administrator, November 20, 2018 Page 2 Tmplt: 04/03/18 DISCUSSION Land Use and Development Standards x The subject property is located in the SP-7 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 coastal development permit is required and the property is not eligible for a waiver for de minimis development because the property is located in the Coastal Commission Appeal Area. x The property currently consists of one legal lot developed with a single-family residence. The neighborhood is predominantly developed with one-story and scattered two-story, single-family residences. The proposed design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development and expected future development consistent with applicable development standards. x The proposed single-family 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 Standards Development Standard Standard Proposed Setbacks (min.) Front 20 feet >50 feet Sides 5feet >50 feet Rear 25 feet >50 feet Allowable Floor Area (max.)N/A 5,384 square feet Open Space (min.)N/A N/A Parking (min.)3-car garage 4-car garage Height (max.)35 feet 24 feet Hazards x The finished floor elevation of the first floor of the proposed structure is 63.5 feet based on the North American Vertical Datum of 1988 (NAVD88), which complies with the minimum 9.0-foot (NAVD88) elevation standard for new structures. Due to the project site’s elevation, there would be no concerns regarding future sea level rise. x 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 22 Manly Residence Zoning Administrator, November 20, 2018 Page 3 Tmplt: 04/03/18 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. x 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 x The property is located on a hill more than 480 feet from coastal waters. A Construction Erosion Control Plan was provided to implement temporary Best Management Practices (BMPs) during construction to minimize erosion and sedimentation and to minimize pollution of runoff and coastal waters derived by construction chemicals and materials. The project design also addresses water quality through the inclusion of 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. x Pursuant to Municipal Code Section 21.35.050, 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 preliminary WQHP has been prepared for the project by Thomas M. Ruiz. The WQHP includes a polluted runoff and hydrologic site characterization, a sizing standard for BMPs, use of an LID approach to retain the design storm runoff volume on site, and documentation of the expected effectiveness of the proposed BMPs. Public Access x The project site is located between the nearest public road and the sea or shoreline. Implementation Plan Section 21.30A.040 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 removes a portion of an existing single-family residence and constructs an addition of interior living area and a garage located a lot zoned for single-family use. 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 33 Manly Residence Zoning Administrator, November 20, 2018 Page 4 Tmplt: 04/03/18 and sited (appropriate height, setbacks, etc.) so as not to block or impede existing public access opportunities. x Vertical and lateral access to the Back Bay is available via trails adjacent to the site to the south and east. The proposed site work is located away from the trails and the project does not include any features that would obstruct access along these routes. x The project site is located adjacent to Bayview Park and the Back Bay, which are designated public viewpoints in the Coastal Land Use Plan and offer public views of the Upper Newport Bay. Site evaluation revealed that the proposed one-story residential addition, and two-story design of the garage/loft structure, is consistent with the existing neighborhood pattern of development and will not affect the existing views afforded from Bayview Park and the Back Bay. The project will demolish a portion of an existing single-family home and garage and replace it with a new single- family addition and 4-car garage that complies with all applicable development standards. Bayview Park is approximately 600 feet in width and improved with public benches, a play structure, and landscaping that orients and frames views toward the bay and not over the subject site. Views across the project site are currently impacted due to landscaping and trees, as well as the general orientation of the site. Furthermore, the Zoning Code requires a front setback of 20 feet, where the proposed structure is setback approximately 50 feet from the front property line adjacent to Mesa Drive. The substantial setback provides additional visual relief. The proposed covered patio also creates visual relief between the existing structures to the remain and the proposed addition. The architectural design of the structure also appears rural, with the garage and loft designed to resemble a barn, reflective of the neighborhood’s equestrian history. x Portions of the project site are visible from the Back Bay Trails below. However, the proposed addition is located at the top of the large slope that exists between the trail and residence. Additionally, the maximum height of the structure is 24 feet where the Zoning Code allows up to a maximum of 35 feet. The project also provides substantial setbacks, where only 5 feet on the sides and 25 feet in the rear are required. Thus, 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 x 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. 44 Manly Residence Zoning Administrator, November 20, 2018 Page 5 Tmplt: 04/03/18 x Class 3 exempts the demolition of up to three single-family residences and additions of up to 10,000 square feet to existing structures. The proposed project consists of the demolition of a portion of an existing single-family residence and the construction of a new 1,851-square-foot addition and attached 1,158-square-foot 4-car garage. x 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. 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 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: ____________________________ Liz Westmoreland, Assistant Planner JM/law Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Project Plans ZA 4 Project Rendering 55 03/13/2018 Attachment No. ZA 1 Draft Resolution 66 05-15-2018 RESOLUTION NO. ZA2018-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2018-074 TO DEMOLISH A PORTION OF AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A NEW 1,851-SQUARE-FOOT ADDITION AND AN ATTACHED 1,158-SQUARE-FOOT, 4-CAR GARAGE LOCATED AT 2612 MESA DRIVE (PA2018-182) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by William Guidero, with respect to property located at 2612 Mesa Drive, requesting approval of a coastal development permit. 2. The lot at 2612 Mesa Drive is described as APN 439-051-06 and 439-051-10. 3. The applicant proposes a coastal development permit (CDP) to allow the demolition of a portion of an existing single-family residence and construction of a 1,851-square-foot addition and an attached 1,158-square-foot, 4-car garage. The total resulting living and garage floor area would be 5,384 square feet. The design includes minor accessory structures such as hardscape, walls, landscaping, and drainage facilities. The project complies with all development standards and no deviations are requested. 4. The subject property is designated RS-D (Single-Unit Residential Detached) by the General Plan Land Use Element and is located within the SP-7 Santa Heights Specific Plan (Residential Equestrian –Minimum Building Site (2 Acres)) Zoning District. 5. The subject property is located within the coastal zone. The Coastal Land Use Plan category is RSD-A Single Unit Residential Detached –(0.0 –5.9 DU/AC) and it is located within the SP-7 Santa Ana Heights Specific Plan Coastal Zone District. 6. A public hearing was held on November 20, 2018, in the Corona del Mar Conference Room (Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. 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. 77 Zoning Administrator Resolution No. #### Page 2 of 9 05-15-2018 2. Class 3 exempts the demolition of up to three single-family residences and additions of up to 10,000 square feet to existing structures. The proposed project consists of the demolition of a portion of an existing single-family residence and the construction of a new 1,851-square-foot addition and attached 1,158-square-foot, 4-car garage. 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. In accordance with Section 21.52.015 (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 proposed total floor area after the addition is 5,384 square feet, where the Specific Plan (SP-7) identifies no floor area or site coverage limits (only setbacks and height). b. The proposed development provides the minimum required setbacks, which are 20 feet along the front property line abutting Mesa Drive, 5 feet along each side property line and 25 feet along the rear property line facing the Back Bay. c. The highest ridge is approximately 24 feet from established grade (61 feet NAVD88), which complies with the maximum 35-foot height requirement. d. The project includes garage parking for a total of four vehicles, complying with the minimum three-car garage parking requirement for single-family residences with more than 4,000 square feet of habitable floor area. 2. The neighborhood is predominantly developed with one-story and scattered two-story, single-family residences. The proposed design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development. 88 Zoning Administrator Resolution No. #### Page 3 of 9 05-15-2018 3. The finished floor elevation of the first floor of the proposed structure is 63.5 feet based on the North American Vertical Datum of 1988 (NAVD88), which complies with the minimum 9.0-foot (NAVD88) elevation standard for new structures. Due to the project site’s elevation, there would be no concerns regarding future sea level rise. 4. 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. 5. 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. 6. The property is located on a hill more than 480 feet from coastal waters. A Construction Erosion Control Plan was provided to implement temporary Best Management Practices (BMPs) during construction to minimize erosion and sedimentation and to minimize pollution of runoff and coastal waters derived by construction chemicals and materials. The project design also addresses water quality through the inclusion of 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. 7. Pursuant to Municipal Code Section 21.35.050, 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 preliminary WQHP has been prepared for the project by Thomas M. Ruiz. The WQHP includes a polluted runoff and hydrologic site characterization, a sizing standard for BMPs, use of an LID approach to retain the design storm runoff volume on site, and documentation of the expected effectiveness of the proposed BMPs. 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. 99 Zoning Administrator Resolution No. #### Page 4 of 9 05-15-2018 Fact in Support of Finding: 1. The project site is located between the nearest public road and the sea or shoreline. Implementation Plan Section 21.30A.040 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 removes a portion of an existing single- family residence and constructs an addition of interior living area and a garage located on a lot zoned for single-family use. 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 (appropriate height, setbacks, etc.) so as not to block or impede existing public access opportunities. 2. Vertical and lateral access to the Back Bay is available via trails adjacent to the site to the south and east. The proposed site work is located away from the trails and the project does not include any features that would obstruct access along these routes. 3. The project site is located adjacent to Bayview Park and the Back Bay, which are designated public viewpoints in the Coastal Land Use Plan and offer public views of the Upper Newport Bay. Site evaluation revealed that the proposed one-story residential addition, and two-story design of the garage/loft structure, is consistent with the existing neighborhood pattern of development and will not affect the existing views afforded from Bayview Park and the Back Bay. The project will demolish a portion of an existing single- family home and garage and replace it with a new single-family addition and 4-car garage that complies with all applicable development standards. Bayview Park is approximately 600 feet in width and improved with public benches, a play structure, and landscaping that orients and frames views toward the bay and not over the subject site. Views across the project site are currently impacted due to landscaping and trees, as well as the general orientation of the site. Furthermore, the Zoning Code requires a front setback of 20 feet, where the proposed structure is setback approximately 50 feet from the front property line adjacent to Mesa Drive. The substantial setback provides additional visual relief. The proposed covered patio also creates visual relief between the existing structures to the remain and the proposed addition. The architectural design of the structure also appears rural, with the garage and loft designed to resemble a barn, reflective of the neighborhood’s equestrian history. 4. Portions of the project site are visible from the Back Bay Trails below. However, the proposed addition is located at the top of the large slope that exists between the trail and residence. Additionally, the maximum height of the structure is 24 feet where the zoning code allows up to a maximum of 35 feet. The project also provides substantial setbacks, where only 5 feet on the sides and 25 feet in the rear are required. Thus, 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. 1010 Zoning Administrator Resolution No. #### Page 5 of 9 05-15-2018 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No.CD2018-074,subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. 2. 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 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. PASSED, APPROVED, AND ADOPTED THIS 20 TH DAY OF NOVEMBER, 2018. _______________________________ Patrick J. Alford, Zoning Administrator 1111 Zoning Administrator Resolution No. #### Page 6 of 9 05-15-2018 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. Prior to the issuance of a building permit, 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. 3. 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 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 development. 4. No demolition or construction materials, equipment debris, or waste, shall be placed or stored in a location that would enter sensitive habitat, receiving waters, or a storm drain or result in impacts to environmentally sensitive habitat areas, streams, the beach, wetlands or their buffers. 5. This approval does not authorize any new or existing improvements (including landscaping) on State tidelands, public beaches, or the public right-of-way. 6. This Coastal Development Permit does not authorize any development seaward of the private property. 7. The applicant is responsible for compliance with the Migratory Bird Treaty Act. 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 1212 Zoning Administrator Resolution No. #### Page 7 of 9 05-15-2018 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 (BMP’s) and Good Housekeeping Practices (GHP’s) shall be implemented prior to 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. 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. 11. 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. 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. 14. 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. 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 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. 16. Prior to the issuance of building permits, the applicant shall submit a final construction erosion control plan. The plan shall be subject to the review and approval by the Building Division. 1313 Zoning Administrator Resolution No. #### Page 8 of 9 05-15-2018 17. Prior to the issuance of building permits, the applicant shall submit a final drainage and grading plan. The plan shall be subject to the review and approval by the Building Division. 18. Prior to issuance of a building permit, 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 a building permit, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Coastal Development file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Coastal Development Permit. 20. Prior to issuance of building permits, the final WQHP/WQMP shall be reviewed and approved by the Building Division. Implementation shall be in compliance with the approved CPPP and WQHP/WQMP and any changes could require separate review and approval by the Building Division. 21. Prior to the 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. 22. 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. 23. Prior to the issuance of 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 No. CD2018-074 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, 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 1414 Zoning Administrator Resolution No. #### Page 9 of 9 05-15-2018 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 Manly Residence including, but not limited to, Coastal Development Permit No. CD2018-074 (PA2018-182). 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. 1515 03/13/2018 Attachment No. ZA 2 Vicinity Map 1616 03/13/2018 VICINITY MAP Coastal Development Permit No. CD2018-074 PA2018-182 2612 Mesa Drive Subject Property 1717 03/13/2018 Attachment No. ZA 3 Project Plans 1818 1919 BASIS OF BEARINGS BENCHMARK INFORMATIONTITLE REPORT/EASEMENT NOTESPAUL D. CRAFT, P.L.S. 8516 DATENOTE: SECTION 8770.6 OF THE CALIFORNIA BUSINESS AND PROFESSIONSCODE STATES THAT THE USE OF THE WORD CERTIFY OR CERTIFICATION BY ALICENSED LAND SURVEYOR IN THE PRACTICE OF LAND SURVEYING OR THEPREPARATION OF MAPS, PLATS, REPORTS, DESCRIPTIONS OR OTHERSURVEYING DOCUMENTS ONLY CONSTITUTES AN EXPRESSION OFPROFESSIONAL OPINION REGARDING THOSE FACTS OR FINDINGS WHICH ARETHE SUBJECT OF THE CERTIFICATION AND DOES NOT CONSTITUTE AWARRANTY OR GUARANTEE, EITHER EXPRESSED OR IMPLIED.LICENSE RENEWAL DATE 12/31/18VICINITY MAPBENCHMARK NO: CM-22-71DESCRIBED BY OCS 2001 - FOUND 3 3\4" OCS ALUMINUM BENCHMARK DISKSTAMPED "CM-22-71", SET IN THE NORTHWEST CORNER OF A 4 FT. BY 6 FT.CONCRETE CATCH BASIN. MONUMENT IS LOCATED IN THE NORTHWESTCORNER OF THE INTERSECTION OF BAYVIEW AVENUE AND MESA DRIVE, 19.5FT. NORTHEASTERLY OF THE CENTERLINE OF MESA DRIVE AND 85.5 FT.NORTHWESTERLY OF THE CENTERLINE OF BAYVIEW AVENUE. MONUMENT ISSET LEVEL WITH THE SIDEWALK.ELEVATION: 61.132 FEET (NAVD88), YEAR LEVELED 1989LEGAL DESCRIPTION1. THE DISTINCTIVE BOUNDARY SHOWN HEREON WAS PLOTTED PERON-SITE FIELD OBSERVATIONS, ALL BEARINGS AND DISTANCES AREMEASURED, UNLESS NOTED OTHERWISE.2. SURVEYOR OR ENGINEER SHALL PERMANENTLY MONUMENT PROPERTYCORNERS OR OFFSETS BEFORE STARTING GRADING.PLEASE CALL PAUL CRAFT @ 714-488-5006 TO SCHEDULE.3. SURVEYOR TO SUBMIT A "RECORD OF SURVEY" OR "CORNER RECORD"TO THE COUNTY SURVEYOR. EVIDENCE OF SUBMITTAL TO BE SUBMITTEDTO THE BUILDING INSPECTOR AT OR PRIOR TO FOOTINGS INSPECTION.SURVEYOR'S NOTESLCCENTERLINECHIMNEYCHMY.PROPERTY LINENATURAL GROUNDEXISTING ELEVATIONNGPLLEGEND( )ACCHAINLINK FENCE (CLF)ASPHALT PAVEMENTWROUGHT IRON FENCE (WIF)FOUND MONUMENTSEARCHED, FOUND NOTHING; TO BEMONUMENTED PRIOR TO GRADINGFFFS FINISHED SURFACEFINISHED FLOORFFG FINISHED FLOOR GARAGET.B.M.TEMPORARY BENCHMARK SET ONMAG NAIL.ELEVATION = 65.37 FEETHUNTINGTON BEACH, CALIFORNIA 92646PHONE:(714)488-5006 FAX:(714)333-4440 APEXLSINC@GMAIL.COMBASIS OF BEARINGS IS BASED BETWEEN GPS PT NOS. AND HAVINGA BEARING OF PER .PARCEL 1:REAL PROPERTY SITUATED IN THE CITY OF NEWPORT BEACH, COUNTY OFORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:THAT PORTION OF LOT 152 IN BLOCK 51 AND THAT PORTION OFUN-SUBDIVIDED BLOCK 51, BOTH OF IRVINE’S SUBDIVISION, IN THE CITYOF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, ASSHOWN ON A MAP RECORDED IN BOOK 1, PAGE 88 OF MISCELLANEOUSMAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS:BEGINNING AT THE CENTER POINT OF SAID BLOCK 51, SAID POINT BEINGTHE EAST CORNER OF SAID LOT 152; THENCENORTH 50° 11’ 45" WEST 165.00 FEET; THENCESOUTH 39° 48’ 15" WEST 300.00 FEET; THENCESOUTH 50° 11’ 45" EAST 380.00 FEET; THENCENORTH 39° 48’ 15" EAST 70.00 FEET; THENCENORTH 01° 08’ 39" EAST 256.13 FEET; THENCE NORTH 39° 48’15" EAST 30.00 FEET TO THE POINT OF INTERSECTION WITH THESOUTHEASTERLY PROLONGATION OF THE NORTHEASTERLY LINE OF SAIDLOT 152; THENCE NORTH 50° 11’ 45" WEST 55.00 FEET TO THE POINT OFBEGINNING.EXCEPTING THEREFROM, THAT PORTION DESCRIBED IN DEED TO THEIRVINE COMPANY RECORDED DECEMBER 3, 1970 IN BOOK 9477, PAGE 341OF OFFICIAL RECORDS OF SAID ORANGE COUNTY.PARCEL 2:THAT PORTION OF BLOCK 51 OF IRVINE’S SUBDIVISION, IN THE CITY OFNEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, ASSHOWN ON A MAP RECORDED IN BOOK 1, PAGE 88 OF MISCELLANEOUSMAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS:BEGINNING AT THE WESTERLY TERMINUS OF THAT CERTAIN CURVEDESCRIBED AS BEING CONCAVE NORTHWESTERLY HAVING A RADIUSOF 1550.00 FEET AND A CENTRAL ANGLE OF 22° 32’ 41" IN PARCEL 4 OFTHE DEED TO THE COUNTY OF ORANGE RECORDED FEBRUARY 26, 1969 INBOOK 8885, PAGE 409 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, ARADIAL TO SAID TERMINUS BEARS SOUTH 05° 23’ 44" EAST; THENCEWESTERLY 109.73 FEET ALONG THE CONTINUATION OF SAID CURVETHROUGH AN ANGLE OF 04° 03’ 22" TO THE SOUTHWEST LINE OF THE LANDDESCRIBED IN THE DEED TO ALVIN S. COX RECORDED INBOOK 2039, PAGE 225 OF SAID OFFICIAL RECORDS AND THE TRUE POINTOF BEGINNING; THENCE CONTINUING WESTERLY ALONG SAIDCURVE 257.39 FEET THROUGH AN ANGLE OF 09° 30’ 52" TO THE EASTERLYLINE OF THE LAND DESCRIBED IN THE DEED TO GEORGE M. HOLSTEIN, III,RECORDED MARCH 21, 1951 IN BOOK 2161, PAGE 375 OF SAID OFFICIALRECORDS; THENCENORTH 13° 37’ 44" EAST ALONG SAID EASTERLY LINE 174.50 FEET TO THESOUTHWESTERLY LINE OF SAID LAND OF ALVIN S. COX; THENCESOUTH 49° 22’ 16" EAST 283.98 FEET ALONG SAID SOUTHWESTERLY LINETO THE TRUE POINT OF BEGINNING.APN: 439-051-06IRON PIPEIPPAUL D. CCRAFT, P7/20/20182020 2121 2222 2323 2424 2525 2626 2727 2828 03/13/2018 Attachment No. ZA 4 Project Rendering 2929 3030 1To:ZONING ADMINISTRATOR - NOVEMBER 20, 2018Subject:ADDITIONAL MATERIALS RECEIVEDItem 1a: Manly Residence Coastal Development Permit_PA2018-182 Begin forwarded message: From: Buck Johns <buckjohns@inlandenergy.com> Subject: Coastal Development Permit, 2612 Mesa Drive, NB. Date: November 15, 2018 at 11:10:22 AM PST To: lwestmorelaqnd@newportbeachca.gov Cc: Duffy Duffield <duffy@duffyboats.com>, Robert Stein <RStein@newportbeachca.gov>, John Kappeler <JKappeler@newportbeachca.gov> Liz Westmorland Assistant Planner, Newport Beach lwestmorelaqnd@newportbeachca.gov Subject: Project File PA2018-182. Coastal Development Permit, 2612 Mesa Drive, Newport Beach 92660, Manly Residence To Whom It May Concern: For the past four decades, we have lived at 2600 Mesa Drive, Newport Beach, immediately adjacent to the residence at 2612 Mesa Drive, now owned by the Manly family. We are familiar with the proposed demolition/reconstruction/addition described in subject Coastal Development Permit application. We are in full support of this application. Very best regards, 2 Colleen and Buck Johns 2600 Mesa Drive Newport Beach CA 92660 Buck Johns Inland Energy, Inc. 3501 Jamboree Rd South Tower Suite 606 Newport Beach, CA 92660 949-856-2200 office 949-856-2313 fax 714-747-0437 cell www.inlandenergy.com