HomeMy WebLinkAbout05_Shaoulian East Ocean Front Residence Coastal Development Permit_PA2017-204CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
September 13, 2018
Agenda Item No. 5
SUBJECT: Shaoulian East Ocean Front Residence (PA2017-204)
Coastal Development Permit No. CD2017-089
SITE LOCATION: 918 East Ocean Front
APPLICANT: Brion Jeannette Architecture
OWNER: Emanuel Shaoulian
PLANNER: Jaime Murillo, Senior Planner
949-644-3209., jmurillo@newportbeachca.gov
LAND USE AND ZONING
General Plan: RT (Two-Unit Residential)
Zoning District: R-2 (Two-Family Residential)
Coastal Land Use Category: Two-Unit Residential Detached – (20.0-29.9 DU/AC)
(RT-D)
Coastal Zoning District: R-2 (Two-Unit Residential)
PROJECT SUMMARY
A coastal development permit (CDP) to allow the demolition of an existing one-story,
single-unit dwelling and construction of a new 3-story, 3,379-square-foot single-unit
dwelling (including 1,069-square-foot basement) and 382-square-foot two-car garage.
The property does not currently have vehicular access to an improved alley or street;
therefore, until such time an alley is constructed along the rear of the lot, temporary
vehicular access is proposed to East Balboa Blvd via an access road across the lot to the
north (921 East Balboa Boulevard). The existing single-family residence located at 921
East Balboa Blvd is proposed to be demolished as part of a separate Coastal
Development Permit (CD2017-088).
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); and
3)Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development
Permit No. CD2017-089 (Attachment No. ZA 1).
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DISCUSSION
Land Use and Development Standards
The subject property is located in the R-2 Coastal Zoning District, which provides for
two-unit and 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.
Unlike other blocks between East Balboa Blvd and East Ocean Front, the Block
between “A” and “B” Streets did not include public alley access as part of the original
subdivision; therefore, the lots fronting East Ocean Front did not have vehicular
access since East Ocean Front was never improved as a public street. In order to
solve this problem, in 1971, the City began planning for a 20-foot-wide alley between
“A” and “B” Streets by requiring dedications from affected property owners as a
condition of redevelopment. Because of the alignment of existing utility easements
and their relationship to the requested alley, the alley alignment established by the
City utilized the rear 15 feet of the East Ocean Front lots and the rear 5 feet of the
East Balboa Boulevard lots. The first dedications and alley improvements occurred
in 1971, at the west end of the block in conjunction with redevelopment of those lots.
Due to the fragmented redevelopment of lots on the east side of block, the alley
remains unimproved until the City can secure the remaining alley dedications.
As a condition of approval, the property owner will be required to dedicate the rear
15 feet of the property to the City for alley purposes.
The property currently consists of one legal lot developed with a single-family
residence. The neighborhood is predominantly developed with two- and three-
story, single-unit and two-unit residences. The property to the east is similarly
developed with single-family residence with vehicular access taken via a driveway
developed on the 923 East Balboa Boulevard property to the rear.
Until the City can acquire the necessary dedications to complete the alley connecting
“A” Street to “B” Street, vehicular access to the dwelling will be provided to East
Balboa Boulevard via a vehicular access easement across the property to the rear
located at 921 East Balboa Boulevard. The easement will be required to maintain
vehicular access to 918 East Ocean Front, until such time the alley is constructed.
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.
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Table 1 – Development Standards
Development Standard Standard Proposed
Setbacks (min.)
Front 6 feet 6 feet
Sides 3 feet 3 feet
Rear (1) 0 feet 0 feet
Allowable Floor Area (max.) 2,760 square feet 2,692 square feet
(excluding basement)(2)
Allowable 3rd Floor Area (max.) 276 square feet 275 square feet
Open Space (min.) 207 square feet 208.9 square feet
Parking (min.) 2-car garage 2-car garage
Height (max.) 24 feet flat roof
29 feet sloped roof
24 feet flat roof
29 feet sloped roof
(1) Zero rear setback required adjacent to future 20-foot-wide alley.
(2) The floor area of a subterranean basement is not included in the calculation of total gross floor area
pursuant to NBMC Section 21.18.030.
The proposed three story design and partially covered roof deck results in bulk and
scale of the development that is consistent with the existing neighborhood pattern
of development and expected future development consistent with applicable
development standards.
Hazards
The subject property fronts the Pacific Ocean, but is separated from the shoreline
by a very wide sandy beach and public park (approximately 550-foot separation).
The project site is not protected by a bulkhead.
The finish floor elevation of the proposed dwelling is 12.66 feet based on the North
American Vertical Datum of 1988 (NAVD88), which exceeds the minimum 9.0-foot
(NAVD88) elevation standard for new structures. A Coastal Hazard Report and
Wave Runup Study prepared by GeoSoils, Inc., dated September 22, 2017
indicates a likely sea level rise projection of between 1.8 and 3.3 feet over the next
75 years resulting in a future water elevation of between 9.3 feet and 10.8 feet
(NAVD). The report concludes it is very unlikely that any type of wave will reach
the site even considering a 3.3-foot sea level rise and that the proposed project is
reasonably safe from the shoreline erosion due to lack of wave or wakes that can
erode sand from the beach. Overall, the analysis concludes that the proposed
project will be safe from flooding hazards for the next 75 years. Furthermore, the
report concluded that due to the distance of the property from t he current mean
high tide line (approximately 550 feet) that it is unlikely that the mean high tide line
will reach the property within the next 75 years.
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
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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.
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 CBC prior to building
permit issuance.
Water Quality
The project is designed to utilize a Secant Pile system to construct the subterranean
basement that eliminates the need for dewatering and discharge across the beach.
The development is set back approximately 300 feet from coastal waters. Due to
the large distance, a Water Quality Management Plan is not required. A post-
construction drainage system will be installed that includes drainage and percolation
features designed to retain dry weather and minor rain run-off on-site to ensure the
project does not impact water quality. Any water not retained on-site is directed to
the City’s storm drain system.
Public Access
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. Vertical access to the bay front and
beach front is available approximately 120 feet east of the site at the intersection of
East Ocean Front and “B” Street, and also 264 feet to the west of the site at the
intersection of East Ocean Front and “A” Street. Public beachfront parking lots exist
at the street ends between “B” Street and Adams Street.
Lateral access and views of the ocean are also available along an existing 6-foot-
wide public sidewalk in front of the project site. The existing encroachment of a patio
slab and perimeter walls to the inland edge of the Ocean Front Boardwalk are
consistent with the City’s Oceanfront Encroachment Policy Guidelines of the Local
Coastal Program and will not impede public access along the sidewalk.
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The project will necessitate a new curb cut on East Balboa Boulevard in order to
provide vehicular access to the site, resulting in the temporary loss of on-street public
parking. However, upon the implementation of Phase 2 of Coastal Development
Permit No. CD2017-088 and construction of the alley, the property owner will be
required to close the curb cut consistent with Municipal Code Section 21.40.070.C.
The project site is located adjacent to Peninsula Park, a designated public viewpoint,
as identified in the Coastal Land Use Plan due to the views of the ocean looking
south. Due to the location of the project near this protected public view, an initial
evaluation of the potential impact to the view shed or the scenic and visual qualities
of the coastal zone was conducted pursuant to Municipal Code Section 21.30.100.
Expansive views of the Balboa Pier, Pacific Ocean, and public beach are afforded
from the public sidewalk along East Ocean Front and Peninsula Park. However, the
subject property is located landward of the public vantage points and not between
public vantage points and these view features. Therefore, the project will not
impact existing, nor provide an opportunity to enhance, public views along these
vantage points.
The project will replace an existing single-unit residence with a new single-unit
residence that complies with all applicable Local Coastal Program (LCP)
development standards and maintains a building envelope consistent with the
existing and anticipated future neighborhood pattern of development. Therefore, the
project does not have the potential to degrade the visual quality of the Coastal Zone.
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, Chapter 3, because it has
no potential to have a significant effect on the environment. 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 one single -family
residence and the construction of a new 3,379-square-foot single-family dwelling and 382-
square-foot two-car garage.
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.
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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:
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2018-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2017-089 TO DEMOLISH AN
EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A
NEW SINGLE-FAMILY RESIDENCE AND ATTACHED 2-CAR
GARAGE LOCATED AT 918 EAST OCEAN FRONT (PA2017-204)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Brion Jeannette Architecture, with respect to property located
at 918 East Ocean Front, requesting approval of a coastal development permit.
2. The lot at 918 East Ocean Front is legally described as Lot 24, Block 14, Tract Balboa
Tract.
3. The applicant proposes the demolition of an existing one-story single-family residence and
construction of a new 3-story, 3,379-square-foot single-family dwelling (including 1,069-
square-foot basement) and 382-square-foot two-car garage.
4. The subject property is designated RT (Two-Unit Residential) by the General Plan Land
Use Element and is located within the R-2 (Two-Family Residential) Zoning District.
5. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Two-Unit Residential Detached (RT-D) and it is located within the R2 (Two-
Unit Residential) Coastal Zone District.
6. A public hearing was held on September 13, 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.
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 propo sed project consists of the
demolition of one single-family residence and the construction of a new 3,379-square-
foot single-family dwelling and 382-square-foot two-car garage.
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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 r esources 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 maximum floor area limitation is 2,760 square feet and the proposed floor area
is 2,692 square feet (excluding 1,069-square-foot subterranean basement). The
floor area of a subterranean basement is not included in the calculation of total
gross floor area pursuant to Newport Beach Municipal Code (NBMC) Section
21.18.030.
b. The proposed development provides the minimum required setbacks, which are 9
feet along the front property line abutting East Ocean Front, 3 feet along each side
property line and 0 feet along the rear property line abutting the future 20-foot-wide
alley.
c. The highest guardrail is less than 24 feet from established grade (9.00 feet
NAVD88) 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 tota l of two vehicles, complying with the
minimum two-car garage parking requirement for single-family residences with less
than 4,000 square feet of habitable floor area .
e. Until the City can acquire the necessary dedications to complete the alley connecting
“A” Street to “B” Street, vehicular access to the dwelling will be provided to East
Balboa Boulevard via a vehicular access easement across the property to the rear
located at 921 East Balboa Boulevard. The easement will be required to maintain
vehicular access to 918 East Ocean Front, until such time the alley is constructed.
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2. The property currently consists of one legal lot developed with a single-family residence.
The neighborhood is predominantly developed with two- and three-story, single-unit
and two-unit residences. The property to the east is similarly developed with single -
family residence with vehicular access taken via a driveway developed on the 923
East Balboa Boulevard property to the rear.
3. The proposed three story design and partially covered roof deck results in bulk and scale
of the development that is consistent with the existing neighborhood pattern of
development and expected future development consistent with applicable development
standards.
4. As a condition of approval, the property owner will be required to dedicate the rear 15 feet
of the property to the City for alley purposes.
5. The subject property fronts the Pacific Ocean, but is separated from the shoreline by a
very wide sandy beach and public park (approximately 550-foot separation). The project
site is not protected by a bulkhead.
6. The finish floor elevation of the proposed dwelling is 12.66 feet based on the North
American Vertical Datum of 1988 (NAVD88), which exceeds the minimum 9.0-foot
(NAVD88) elevation standard for new structures. A Coastal Hazard Report and Wave
Runup Study prepared by GeoSoils, Inc., dated September 22, 2017 , indicates a likely
sea level rise projection of between 1.8 and 3.3 feet over the next 75 years, resulting in
a future water elevation of between 9.3 feet and 10.8 feet (NAVD). The report concludes
it is very unlikely that any type of wave will reach the site even considering a 3.3 -foot
sea level rise and that the proposed project is reasonably safe from the shoreline erosion
due to lack of wave or wakes that can erode sand from the beach. Overall, the analysis
concludes that the proposed project will be safe from flooding hazards for the next 75
years. Furthermore, the report concluded that due to the distance of the property from
the current mean high tide line (approximately 550 feet) that it is unlikely that the mean
high tide line will reach the property within the next 75 years.
7. 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.
8. 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.
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9. The project is designed to utilize a Secant Pile system to construct the subterranean
basement that eliminates the need for dewatering and discharge across the beach.
10. The development is set back approximately 300 feet from coastal waters. Due to the
large distance, a Water Quality Management Plan is not required. A post-construction
drainage system will be installed that includes drainage and percolation features designed
to retain dry weather and minor rain run-off on-site to ensure the project does not impact
water quality. Any water not retained on-site is directed to the City’s storm drain system.
11. Proposed landscaping complies with Implementation Plan Section 21.30.075. A
condition of approval is included that requires drought-tolerant species. Prior to 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. Vertical access to the bay front and beachfront
is available approximately 120 feet east of the site at the intersection of East Ocean Front
and “B” Street, and also 264 feet to the west of the site at the intersection of East Ocean
Front and “A” Street. Public beach front parking lots exist at the street ends between “B”
Street and Adams Street.
2. Lateral access and views of the ocean are also available along an existing 6-foot-wide
public sidewalk (Ocean Front Boardwalk) in front of the project site. The existing
encroachment of a patio slab and perimeter walls to the inland edge of the Ocean Front
Boardwalk are consistent with the City’s Oceanfront Encroachment Policy Guidelines of
the Local Coastal Program and will not impede public access along the sidewalk.
3. The project will necessitate a new curb cut on East Balboa Boulevard in order to provide
vehicular access to the site, resulting in the temporary loss of on-street public parking.
However, upon the implementation of Phase 2 of Coastal Development Permit No.
CD2017-088 and construction of the alley, the property owner will be required to close the
curb cut consistent with Municipal Code Section 21.40.070.C.
4. The project site is located adjacent to Peninsula Park, a designated public viewpoint, as
identified in the Coastal Land Use Plan due to the views of the ocean looking south. Due
to the location of the project near this protected public view, an initial evaluation of the
potential impact to the view shed or the scenic and visual qualities of the coastal zone
was conducted pursuant to Municipal Code Section 21.30.100 . Expansive views of the
Balboa Pier, Pacific Ocean, and public beach are afforded from the public sidewalk along
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East Ocean Front and Peninsula Park. However, the subject property is located landward
of the public vantage points and not between public vantage points and these view
features. Therefore, the project will not impact existing, nor provide an opportunity to
enhance, public views along these vantage points.
5. The project will replace an existing single-unit residence with a new single-unit residence
that complies with all applicable Local Coastal Program (LCP) development standards and
maintains a building envelope consistent with the existing and anticipated future
neighborhood pattern of development. Therefore, the project does not have the potential
to degrade the visual quality of the Coastal Zone.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2017-089, 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 13TH DAY OF SEPTEMBER, 2018.
_____________________________________
Patrick J. Alford, 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. The basement construction shall utilize a Secant Pile system, as illustrated on approved
plans, eliminating the need for dewatering. No dewatering to the public right-of-way, park,
or beach area is permitted.
3. Prior to the issuance of a building permit, a 15-foot-wide dedication for alley and utility
purposes shall be granted to the City along the rear property line.
4. Prior to the issuance of a building permit, a private ingress/egress easement shall be
granted on 921 East Balboa Boulevard property for the benefit of 918 East Ocean
Boulevard. The easement shall terminate upon the completion of an alley connection to
either “A” Street or “B” Street that provides adequate vehicular access to 918 East Ocean
Front and the driveway approach in front of 921 East Balboa Boulevard shall be
abandoned and plugged per City Standards.
5. A 20-foot-wide alley segment shall be constructed at the rear of 918 East Ocean Front and
921 East Balboa Boulevard per City Standard STD-141-L.
6. Prior to final inspection and occupancy of 918 East Ocean Front, the property at 921 East
Balboa Boulevard shall be improved with a private driveway consistent with Coastal
Development Permit No. CD2017-088.
7. Installation of the driveway approach along the East Balboa Boulevard frontage will require
a City palm tree to be removed. The owner shall pay to the City $1,539.43 for the
installation of a 48-inch box tree elsewhere in the City and pay for the cost of removal of
the existing palm tree.
8. All encroachments within the East Ocean Front right-of-way shall comply with City Council
Policy L-12. A new Ocean Front Encroachment permit shall be obtained for the new
ownership.
9. 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.
10. 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
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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.
11. 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.
12. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right -of-way.
13. This Coastal Development Permit does not authorize any development seaward of the
private property.
14. 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 Pollution Prevention Plan (CPPP).
15. 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.
16. 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.
17. 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.
18. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
19. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
20. 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.
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21. 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.
22. 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.
23. 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.
24. 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.
25. 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.
26. 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.
27. 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, an d cleaning as part of
regular maintenance.
28. 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.
29. 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.
30. This Coastal Development Permit No. CD2017-089 shall expire unless exercised within 24
months from the date of approval as specified in Section 21.54.060 (Time Limits and
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Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise
granted.
31. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless
City, its City Council, its boards and commissions, officials, officers, employees, and agents
from and against any and all claims, demands, obligations, damages, actions, causes of
action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including
without limitation, attorney’s fees, disbursements and court costs) of every kind and nature
whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s
approval of Shaoulian East Ocean Front Residence including, but not limited to, Coastal
Development Permit No. CD2017-089 (PA2017-204). 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.
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Coastal Development Permit No. CD2017-089
PA2017-204
918 East Ocean Front
Subject Property
Future 20’ Alley
Access Easement
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Attachment No. ZA 3
Project Plans
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N29°00'42"EEAST BALBOA
BOULEVARD2511 923N68°14'11"WN29°00'42"E77.63'15.12'77.63'79.54'35.00'N29°00'42"E79.54'N29°00'42"EN29°00'42"E 50.00'135.00'338.49'136.09'310.68'NOTEYEAR-ROUND BMP REQUIREMENTSLEGENDEROSION CONTROL BMPsTEMPORARY SEDIMENT CONTROLWIND EROSION CONTROLTRACKING CONTROLWASTE MANAGEMENT AND MATERIALS POLLUTION CONTROLNON-STORMWATER MANAGEMENT13 9 A v e n i d a N a v a r r oS a n C l e m e n t e , C A 9 2 6 7 29 4 9 . 4 9 2 . 8 5 8 6w w w . t o a l e n g i n e e r i n g . c o mC I V I L E N G I N E E R I N GL A N D S U R V E Y I N GSTORMWATER QUALITYSTATE OF CALI
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ED LAND SURVEYORVIKTOR P.MEUMNo. 868231
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