HomeMy WebLinkAbout06_TNS Development, LLC Residence CDP_PA2020-010CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
6, 2020
Agenda Item No.
SUBJECT:TNS Development, LLC Residence (PA2020-010)
Coastal Development Permit No.CD2020-009
SITE LOCATION:706 West Ocean Front
APPLICANT:Teale Architecture
OWNER:TNS Development, LLC
PLANNER:Liane Schuller,Planning Consultant
949-644-3200,lschuller@newportbeachca.gov
LAND USE AND ZONING
General Plan:RS-D (Single-Unit Residential Detached)
Zoning District:R-1 (Single-Unit Residential)
Coastal Land Use Category:RSD-C (Single-Unit Residential Detached) (10.0-19.9
DU/AC)
Coastal Zoning District:R-1 (Single-Unit Residential)
PROJECT SUMMARY
A request for a coastal development permit to allow the demolition of an existing
single-family residence and construction of a new 4,280-square-foot, single-family
residence and 809 square feet of garage parking for three cars. The
proposed project complies with all applicable development standards including height,
setbacks, and floor area limits. No development is proposed seaward of the private
property. 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) of the CEQA Guidelines, 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. CD2020-009 (Attachment No. ZA 1).
1
TNS Development, LLC Residence (PA2020-010)
Zoning Administrator,6, 2020
Page 2
DISCUSSION
Land Use and Development Standards
The subject property is located in the R-1 (Single-Unit Residential) Coastal Zoning
District, which provides for detached 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.
The property is currently developed with a two-story, single-family residence and
attached garage. The neighborhood is predominantly developed with two-story,
single-family residences. Some newer structures include a third story, which is
allowed subject to certain development standards. 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.
The proposed project will conform to all applicable development standards, including
floor area limit, setbacks, and height, as evidenced by the project plans and illustrated
in Table 1 below.
Table 1 –Development Standards
Development Standard Standard Proposed
Setbacks (min.)
Front 8 feet 8 feet
Side 4 feet each 4 feet each
Rear 5 feet 5 feet
Allowable Floor Area (max.)5,916 square feet 5,089 square feet
Allowable 3rd Floor Area (max.)444 square feet 0 square feet
Open Volume Area (min.)444 square feet 444 square feet
Parking (min.)3 enclosed 3 enclosed
Height (max.)24-foot flat roof
29-foot sloped roof
24-foot flat roof
29-foot sloped roof
Hazards
The property is an oceanfront lot that is separated from the ocean by sandy beach
with an average width of approximately 470 feet. A Coastal Hazards Analysis Report,
dated January 20, 2020, was prepared for the project by William Simpson &
Associates, Inc. The report concludes that coastal hazards, including wave runup,
overtoppingand erosion, will not impact the property over the next 75 years and there
is no anticipated need for a shore protection device over the life of the proposed
development. Using “medium-high risk aversion” and “high emissions”, and the
2
TNS Development, LLC Residence (PA2020-010)
Zoning Administrator,6, 2020
Page 3
highest high tide of 7.7 feet North American Vertical Datum of 1988 (NAVD 88), sea
level for bay water level at year 2095 will be at 13.7 feet NAVD 88, slightly lower than
the finish floor level of the proposed residence. The Newport Beach City Council
has approved the use of the high estimate of the “low risk aversion” scenario, which
is 3.2 feet by the year 2100, or 2.9 feet by 2094. Therefore, the sea level is
estimated to likely reach 10.6 feet NAVD 88 over the next 75 years (i.e. the life of
the structure).
The finished floor elevation of the first floor of the proposed living area is 13.78 feet
NAVD 88, which exceeds the minimum 9.0-foot (NAVD 88) elevation standard for
new structures and exceeds the minimum requirements for sea level rise (10.6 feet
NAVD 88).
Pursuant to Newport Beach Municipal Code (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.
The property is located in an area known for the potential for 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 development, as proposed and conditioned, incorporates design features to
minimize the effect of construction and post-construction activities on the marine
environment. These design features include, but are not limited to, one or more of
the following: the appropriate management of equipment and construction
materials, reducing runoff with permeable surfaces, and the use of post-
construction best management practices to minimize the project’s adverse impact
on coastal water.
The project design addresses water quality during construction with a construction
erosion control plan. All new construction resulting from the project will tie into an
3
TNS Development, LLC Residence (PA2020-010)
Zoning Administrator,6, 2020
Page 4
existing post-construction drainage system that includes features designed to retain
dry weather and minor rain event runoff on-site. 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. The existing residential development
neither provides nor inhibits public coastal access. Implementation Plan Section
21.30A.040 (Determination of Public Access/Recreation Impacts) requires that the
provision of public access bear a reasonable relationship between the requirement
and the project’s impact and be proportional to the impact. In this case, the project
replaces an existing single-family residence with a new single-family residence.
Therefore, the project does not involve a change in land use, density or intensity that
will result in increased demand on public access and recreation opportunities.
The project is designed and sited so as not block or impede existing public access
opportunities and occurs within the confines of private property. Existing coastal
access conditions will not be affected by the project. Coastal access is currently
provided and will continue to be provided by street ends throughout the neighborhood
with access to the beach and water.
The project site is not located adjacent to a coastal view road or coastal viewpoint
identified by Local Coastal Program maps. The project site may be located within
the viewshed of distant public viewing areas; however, 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. It will also
maintain a building envelope consistent with the existing and anticipated
neighborhood pattern of development. Therefore, the project does not have the
potential to degrade the visual quality of the Coastal Zone or result in significant
adverse impacts to public views.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section15303 under Class 3 (New Construction or Conversion of Small Structures) of the
CEQA Guidelines, because it has no potential to have a significant effect on the
environment. The Class 3 exemption includes the construction and location of limited
numbers of new, small facilities or structures.
The proposed project is the demolition of an existing single-family residence and
construction of a new 4,280-square-foot, single-family residence and
809 square feet of garage parking for three cars.
4
TNS Development, LLC Residence (PA2020-010)
Zoning Administrator,6, 2020
Page 5
PUBLIC NOTICE
Notice of this application 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 Program
Implementation Plan) of the Newport Beach Municipal Code. Final action taken by the City
may be appealed to the Coastal Commission in compliance with Section 21.64.035 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:
GR/ls
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
5
Attachment No. ZA 1
Draft Resolution
6
RESOLUTION NO. ZA2020-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF
NEWPORT BEACH APPROVING COASTAL DEVELOPMENT
PERMIT NO. CD2020-009 TO DEMOLISH AN EXISTING SINGLE-
FAMILY RESIDENCE AND CONSTRUCT A NEW SINGLE-FAMILY
RESIDENCE LOCATED AT 706 WEST OCEAN FRONT (PA2020-010)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
An application was filed by Teale Architecture, with respect to property located at 706 West
Ocean Front, and legally described as Lots 25 and 26 in Block 8 of Tract No. 219 requesting
approval of a coastal development permit.
The existing single-family residence was constructed in 1984 on two legal lots. A
Covenant Agreement was recorded on January 26, 1984, combining the two lots into a
single, legal building site.
The applicant proposes to demolish an existing single-family residence and construct a
new 4,280-square-foot, single-family residence and 809 square-feet of garage parking for
three cars.
The subject property is located within the R-1 (Single-Unit Residential) Zoning District
and the General Plan Land Use Element category is RS-D (Single-Unit Residential
Detached).
Thesubject property is located withinthe coastal zone. The CoastalLand UsePlan
category is RSD-C (Single Unit Residential Detached) (10.0 - 19.9 DU/AC) and the
Coastal Zoning District is R-1 (Single-Unit Residential).
A public hearing was held on 6, 2020 in the Community Room 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 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.
2. Class 3 includes the construction of a single-family residence in a residential zone. The
proposed project includes the demolition of an existing single-family residence and
construction of a new 4,280-square-foot, single-family residence with garage parking for
three cars.
7
Zoning Administrator Resolution No. ZA2020-###
Page 2 of 9
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) 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 structure conforms to all applicable development standards including, but
not limited to, floor area limitation, setbacks, height, and parking:
a. The maximum floor area limitation is 5,916 square feet and the proposed gross
floor area is 5,089 square feet.
b. The proposed development will provide the required setbacks, which are 8 feet
along the front property line abutting the beach, 4 feet along the side property lines,
and 5 feet along the rear property line abutting the alley.
c. The highest guardrail or flat roof is no more than 24 feet, measured from
established grade at every point as required by Zoning Code Section
20.30.050(B)(3) and the highest ridge is no more than 29 feet from established
grade, which complies with the maximum height limitation.
d. The project includes enclosed garage parking for three vehicles, which complies
with the minimum three-space parking requirement for single-family residences
with more than 4,000 square feet of livable floor area.
2. The proposed design, bulk, and scale of the development is consistent with the existing
neighborhood’s pattern of development and expected future development consistent with
applicable development standards as the neighborhood is predominantly developed with
two-story, single-family residences.
3. The property is an oceanfront lot that is separated from the ocean by sandy beach with an
average width of approximately 470 feet. A Coastal Hazards Analysis Report was prepared
for the project by William Simpson & Associates, Inc., dated January 20, 2020. The report
concludes that coastal hazards, including wave runup, overtopping and erosion, will not
8
Zoning Administrator Resolution No. ZA2020-###
Page 3 of 9
impact the property over the next 75 years and there is no anticipated need for a shore
protection device over the life of the proposed development. Using “medium-high risk
aversion” and “high emissions”, and the highest high tide of 7.7 feet North American Vertical
Datum of 1988 (NAVD 88), sea level for bay water level at year 2095 will be at 13.7 feet
NAVD 88, slightly lower than the finish floor level of the proposed residence. The Newport
Beach City Council has approved the use of the high estimate of the “low risk aversion”
scenario, which is 3.2 feet by the year 2100, or 2.9 feet by 2094. Therefore, the sea level
is estimated to likely reach 10.6 feet NAVD 88 over the next 75 years (i.e. the life of the
structure).
4. The finished floor elevation of the first floor of the proposed living area is 13.78 feet (NAVD
88), which exceeds the minimum 9.0-foot (NAVD 88) elevation standard for new structures
and exceeds the minimum requirements for sea level rise (10.6 feet NAVD 88).
5. Pursuant to Newport Beach Municipal Code (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 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 the CBC prior to building permit issuance.
7. A post-construction drainage system will be installed that includes drainage and percolation
features designed to retain dry weather and minor rain runoff 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.
8. The project design addresses water quality with a construction erosion control plan that
outlines temporary best management practices (BMPs) to be implemented during
construction to minimize erosion and sedimentation, and to minimize pollution of runoff
derived by construction chemicals and materials. No water quality impacts to coastal waters
are anticipated based upon the location and elevation of the property.
9. New landscaping will be verified for compliance with NBMC Section 21.30.075
(Landscaping). A condition of approval is included that requires drought-tolerant and
9
Zoning Administrator Resolution No. ZA2020-###
Page 4 of 9
prohibits invasive species. Prior to issuance of the building permits, the final landscape plans
will be reviewed to verify invasive species are not planted.
10. The property is not located near coastal view roads and is not located near any identified
public viewpoints; therefore, the project will not negatively impact public coastal views.
Finding:
B. Conforms to the public access and public recreation policies of Chapter 3 of the Coastal Act
if the project is located between the nearest public road and the sea or shoreline of any body
of water located within the coastal zone.
Facts in Support of Finding:
1. The 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. The proposed residential development neither
provides nor inhibits public coastal access. Implementation Plan Section 21.30A.040
(Determination of Public Access/Recreation Impacts) requires that the provision of public
access bear a reasonable relationship between the requirement and the project’s impact
and be proportional to the impact. In this case, the project includes the replacement of an
existing single-family residence with a new single-family residence. 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.
2. The project is designed and sited so as not to block or impede existing public access
opportunities and occurs within the confines of private property. Existing coastal access
conditions will not be affected by the proposed development. Coastal access is currently
provided and will continue to be provided by street ends throughout the neighborhood with
access to the beach and water.
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 (“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.
2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2020-009, subject to the conditions set forth in Exhibit “A,”
which is attached hereto and incorporated by reference.
10
Zoning Administrator Resolution No. ZA2020-###
Page 5 of 9
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 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 6th DAY OF , 2020.
_______________________________
Jaime Murillo, Zoning Administrator
11
Zoning Administrator Resolution No. ZA2020-###
Page 6 of 9
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. Revisions to the approved plans may require an amendment to this Coastal Development
Permit or the processing of a new coastal development permit.
3. Coastal Development Permit No. CD2020-009 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.
4. Prior to the issuance of 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.
5. Prior to the issuance of a building permit, the property owner shall sign 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,
judgements, 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. The letter shall be scanned into the plan set prior to building permit
issuance.
6. 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. No demolition or construction materials shall be stored on public
property.
7. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right-of-way.
12
Zoning Administrator Resolution No. ZA2020-###
Page 7 of 9
8. This Coastal Development Permit does not authorize any development seaward of the
private property.
9. The applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA). In
compliance with the MBTA, grading, brush removal, building demolition, tree trimming,
and similar construction activities shall occur between August 16 and January 31, outside
of the peak nesting period. If such activities must occur inside the peak nesting season
from February 1 to August 15, compliance with the following is required to prevent the
taking of native birds pursuant to MBTA:
A. The construction area shall be inspected for active nests. If birds are observed flying
from a nest or sitting on a nest, it can be assumed that the nest is active. Construction
activity within 300 feet of an active nest shall be delayed until the nest is no longer active.
Continue to observe the nest until the chicks have left the nest and activity is no longer
observed. When the nest is no longer active, construction activity can continue in the
nest area.
B. It is a violation of state and federal law to kill or harm a native bird. To ensure compliance,
consider hiring a biologist to assist with the survey for nesting birds, and to determine
when it is safe to commence construction activities. If an active nest is found, one or two
short follow-up surveys will be necessary to check on the nest and determine when the
nest is no longer active.
10. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall be
implemented prior to and throughout the duration of construction activity as designated in
the Construction Erosion Control Plan.
11. 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.
12. 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.
13. 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.
14. Revisions to the approved plans may require an amendment to this Coastal Development
Permit or the processing of a new coastal development permit.
13
Zoning Administrator Resolution No. ZA2020-###
Page 8 of 9
15. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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 WQHP/WQMP and any changes could require separate review and approval
by the Building Division.
23. 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.
24. Landscaping of the site shall conform to the requirements of Section 21.30.075
(Landscaping) and Section 21.30.085 (Water Efficient Landscaping) of the Local Coastal
Program Implementation Plan. Plant materials shall be selected for low water-demand
and drought tolerance, and the planting of invasive species shall be prohibited.
14
Zoning Administrator Resolution No. ZA2020-###
Page 9 of 9
25. Landscaping of the site shall conform to Section 14.17 (Water Efficient Landscape
Ordinance) of the Newport Beach Municipal Code.
26. 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.
27. Prior to the issuance of building permits, the applicant shall pay any unpaid administrative
costs associated with the processing of this application to the Planning Division.
28. 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.
29. This Coastal Development Permit No. CD2020-009 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.
30. 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 the TNS Development, LLC Residence including, but not limited to Coastal
Development Permit No. CD2020-009 (PA2020-010). 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.
15
Attachment No. ZA 2
Vicinity Map
16
VICINITY MAP
Coastal Development Permit No. CD2020-009
PA2020-010
706 West Ocean Front
Subject Property
17
Attachment No. ZA 3
Project Plans
18
19
20
21
22
23
24
25
26
27
28
29
HUNTINGTON BEACH, CALIFORNIA 92646PHONE:(714)488-5006 FAX:(714)333-4440 APEXLSINC@GMAIL.COMO 30