HomeMy WebLinkAbout04_Ghai Residence CDP_PA2020-021CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
May 14,2020
Agenda Item No.4
SUBJECT:Ghai Residence (PA2020-021)
Coastal Development Permit No.CD2020-012
SITE LOCATION:1124 West Ocean Front
APPLICANT:Brion Jeannette Architecture
OWNER:Anchal Ghai Living Trust
PLANNER:Melinda Whelan, Assistant Planner
949-644-3221 or mwhelan@newportbeachca.gov
LAND USE AND ZONING
General Plan Land Use Plan Category:RS-D (Single-Unit Residential Detached)
Zoning District :R-1 (Single-Unit Residential)
Coastal Land Use Plan Category:RSD-C (Single-Unit Residential Detached 10.0-
19.9 DU/AC)
Coastal Zoning District:R-1 (Single-Unit Residential)
PROJECT SUMMARY
A request to allow an approximately 540-square-foot addition to an existing single -unit
dwelling. The addition includes expanding the garage to create a conforming three -car
garage, expansions to the first and second flo or living area, and the creation of a new
third floor. The proposed development also includes additional appurtenances such as
walls, fences, patios, hardscape, and drainage devices. The proposed residence
complies with all applicable development standards including height, setbacks, and floor
area limits. 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.CD2020-012 (Attachment No. ZA 1).
DISCUSSION
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Land Use and Development Standards
The subject property is located in the R-1 Coastal Zoning District,which provides for
single-unit residential development and
Use Plan, General Plan,and Zoning Code.A coastal development permit is required
because the addition exceeds a 10 percent increase in height and floor area of the
existing single-family dwelling and is located in the Coastal Commission Appeal
Area.
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-family residences. The proposed design, bulk, and scale of the
development is consistent with the ex isting neighborhood pattern of development
and expected future development consistent with applicable development
standards.
The proposed addition to the 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 9 feet 9 feet
Sides 3 feet 3 feet
Rear 0 feet 0 feet
Allowable Floor Area (max.)5,671 square feet 4,881 square feet
Allowable 3rd Floor Area (max.)425 square feet 375 square feet
Open Space (min.)426 square feet 443 square feet
Parking (min.)3-car garage 3-car garage
Height (max.)24-foot flat roof
29-foot sloped roof
24-foot flat roof
29-foot sloped roof
Hazards
The development fronts the public boardwalk along West Ocean Front, greater
than 500 feet from the shorelin e.
A Coastal Hazards Report and Sea Level Rise Analysis was prepared by
GeoSoils, Inc., dated January 14, 2020 for the project. The current maximum tid e
water elevation is 7.7 feet North American Vertical Datum of 1988 (NAVD88).
According to the report, the estimated sea level rise at the site appears to be
between 3.2 and 5.5 feet over the next 75 years utilizing different probabilistic
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scenarios, accounting for water levels rising in the range of 10.8 to 13.2 feet
NAVD88. The Newport Beach City Council approved the use of the high estimate
by 2096. Therefore, the sea level is estimated to likely reach approximately 10.8
feet NAVD88 over the next 75 years (i.e. the life of the structure). The report
concludes that the proposed project is reasonably safe from shoreline erosion due
to the lack of wave or wakes that can er ode sand from the beach. There is a very
wide (greater than 500 feet) sandy beach in front of the property. The current mean
high tide line is over 580 feet from the site and it is unlikely that over the life of the
structure that the mean high tide line will reach within 300 feet of the property. The
finished floor elevation of the first floor of the proposed structure is 12.76 feet
(NAVD88), which complies with the minimum 9.0 -foot (NAVD88) elevation
standard for new structures and exceeds the future likely sea level rise scenario of
10.8 feet NAVD88.
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 addre ss
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 final building
inspection, and prior to the issuance of building permits, respectively.
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 design addresses water quality with a construction erosion control plan
and a post-construction drainage system that includes drainage and percolation
features designed to retain dry weather run-off and minor rain event run-off on-site.
Any water not retained on-.
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Public Access and Views
The project site is located between the nearest public road and the sea or shoreline.
NBMC Section 21.30A.040 requires that the provision of public access bear a
proportional to the impact. In this case, the project is an addition to an existing single-
family dwelling on standard R-1 lot. 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.
Vertical access to the beach is available near the site along 11th Street and 12th
Street.Once the street ends meet the boardwalk,there are concrete paths leading
toward the water. The closest path to the subject site is from 12th street approximately
170 feet away.Lateral access is available on the beach and the boardwalk adjacent
to the site on West Ocean Front.
The project site is located adjacent to and immediately south of West Ocean Front
Beach (public beach)and the public boardwalk along the beach.
Site evaluation (per Section 21.30.100 of the NBMC) revealed that the proposed
three-story design is consistent with the existing neighborhood pattern of
development for one-and two-unit dwellings, and will not affect the existing views
afforded from the public boardwalk or beach. The project will increase the size and
height of the existing single-family dwelling and will continue to comply with all
applicable development standards, including the third-floor design requirements that
restrict square footage on the third floor in terms of size and location. There are no
views currently through the project site, as it is developed with an existing two-story
single-family dwelling with a third-floor roof deck.
Opportunities to enhance the visual quality of t he coastal zone were also reviewed.
The front of the proposed residence, which is visible from the boardwalk and public
beach, will contain substantial architectural treatment and visual interest, in keeping
with the design guidelines of the Zoning Code.The new third floor area is more than
30 feet from the front setback line along the boardwalk which is more than twice the
minimum required 15-foot setback.Additionally,the covered roof deck is more than
19 feet from the front setback line along the boardwalk.The remodeled structure
would comply with required setbacks, and will continue to maintain an additional
setback along the front of the property on the first floor,beyond what is required by
code. The design includes modulation of volume throughout the structure and low
walls that prevent the appearance of the site being walled off from the park and
streets. Therefore, the project does not have the potential to degrade the visual
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quality of the Coastal Zone or result in significant adverse impacts to existing public
views.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of 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 an
approximately 540-square-foot addition to an existing single-family residence.
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
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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05-14-19
RESOLUTION NO.ZA2020-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO.CD2020-012 TO ALLOW THE
ADDITION OF APPROXIMATELY 540 SQUARE FEET TO AN
EXISTING SINGLE-FAMILY DWELLING LOCATED AT 1124
WEST OCEAN FRONT (PA2020-021)
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 1124 West Ocean Front,requesting approval of a coastal development permit.
2.The lot at 1124 West Ocean Front is legally described as Lot 7 of Block 11 of Tract 0234.
3.The applicant proposes an approximately 540-square-foot addition to an existing single-
unit dwelling. The addition includes expanding the garage to create a conforming three (3)-
car garage, expansions to the first and second floor living area, and the creation of a new
third floor. The proposed development also includes additional appurtenances such as
walls, fences, patios, hardscape, and drainage devices. The proposed residence complies
with all applicable development standards including height, setbacks, and floor area limits.
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 R-1 (Single-Unit Residential)
Zoning District.
5.The subject property is located within the coastal zone. The Coastal Land Use Plan
category is RSD-C (Single-Unit Residential Detached 10.0-19.9 DU/AC) and it is located
within the R-1 (Single-Unit Residential) Coastal Zoning District.
6.A public hearing was held on May 14, 2020,in the Council Chambers 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 13503, Article 19 of Chapter 3, Guidelines for Implementation of the
California Environmental Quality Act (CEQA) under Class 3 (Construction or Conversion
of Small Structures), because it has no potential to have a significant effect on the
environment.
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2.Class 3 exempts the demolition of up to three single-family residences and additions of up
to 10,000 square feet to existing structures. The proposed project consists of an
approximate 540-sqaure-foot addition to an existing single-family residence.
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 (NBMC), 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 5,671 square feet and the proposed floor area
is 4,881 square feet.
b.The proposed development provides the minimum required setbacks, which are 9
feet along the front property line abutting West Ocean Front, 3 feet along each side
property line and 0 feet along rear property line abutting the alley.
c.The highest new guardrail is less than 24 feet from established grade (11.65 feet
North American Vertical Datum of 1988 [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 a three (3)-car garage, complying with the minimum three (3)-
car parking requirement for single-family dwellings of 4,000 square feet and
greater.
2.The neighborhood is predominantly developed with two (2)-and three (3)-story,single-
and two (2)-unit residences. The proposed design, bulk, and scale of the development
is consistent with the existing neighborhood pattern of development .
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3.A Coastal Hazards Report and Sea Level Rise Analysis was prepared by GeoSoils, Inc.,
dated January 14, 2020 for the project. The current maximum tide water elevation is 7.7
feet (NAVD88). According to the report, the estimated sea level rise at the site appe ars
to be between 3.2 and 5.5 feet over the next 75 years utilizing different probabilistic
scenarios, accounting for water levels rising in the range of 10.8 to 13.2 feet NAVD88.
the sea level is estimated to likely reach approximately 10.8 feet NAVD88 over the next
75 years (i.e. the life of the structure). The report concludes that the proposed project is
reasonably safe from shoreline erosion due to the lack of wave or wakes that can erode
sand from the beach. There is a very wide (greater than 500 feet) sandy beach in front
of the property. The current mean high tide line is over 5 80 feet from the site and it is
unlikely that over the life of the structure that the mean high tide line will reach within
300 feet of the property. The finished floo r elevation of the first floor of the proposed
structure is 12.76 feet (NAVD88), which complies with the minimum 9.0 -foot (NAVD88)
elevation standard for new structures and exceeds the future likely sea level rise
scenario of 10.8 feet NAVD88.
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 final building inspection, and prior to the issuance of building permits,
respectively.
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 adjacent to the public beach. The subject site is approximately 580
feet from the ocean. 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-
7.Proposed landscaping complies with Implementation Plan Section 21.30.075. A
condition of approval is included that requires drought -tolerant species. Prior to issuance
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of building permits, the final landscape plans will be reviewed to verify invasive species
are not planted.
8.Site evaluation (per Section 21.30.100 of the NBMC) revealed that the proposed three (3)-
story design is consistent with the existing neighborhood pattern of development for one
(1)-and two (2)-unit dwellings, and will not affect the existing views afforded from the public
boardwalk or beach. The project will increase the size and height of the existing single-
family dwelling and will continue to comply with all applicable development standards,
including the third-floor design requirements that restrict square footage on the third floor
in terms of size and location. There are no views currently through the project site, as it is
developed with an existing two (2)-story,single-family dwelling with a third-floor roof deck.
9.Opportunities to enhance the visual quality of the coastal zone were also reviewed. The
front of the proposed residence, which is visible from the boardwalk and public beach, will
contain substantial architectural treatment and visual interest, in keeping with the design
guidelines of the Zoning Code. The new third floor area is more than 30 feet from the front
setback line along the boardwalk which is more than twice the minimum required 15-foot
setback. Additionally, the covered roof deck is more than 19 feet from the front setback
line along the boardwalk. The remodeled structure would comply with required setbacks,
and will continue to maintain an additional setback along the front of the property on the
first floor, beyond what is required by code. The design includes modulation of volume
throughout the structure and low walls that prevent the appearance of the site being walled
off from the park and streets. Therefore, the project does not have the potential to degrade
the visual quality of the Coastal Zone or result in significant adverse impacts to existing
public views.
Finding:
B.Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone .
Facts in Support of Finding:
1.The project site is located between the nearest public road and the sea or shoreline. NBMC
Section 21.30A.040 requires that the provision of public access bear a reasonable
he
impact. In this case, the project is an addition to an existing single-family dwelling on
standard R-1 lot. 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 access to the beach is available near the site along 11th Street and 12th Street.
Once the street ends meet the boardwalk there are concrete paths leading toward the
water. The closest path to the subject site is from 12th Street approximately 170 feet away.
Lateral access is available on the beach and the boardwalk adjacent to the site on West
Ocean Front.
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SECTION 4.DECISION.
NOW,THEREFORE, BE IT RESOLVED:
1.The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No.CD2020-012,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 co mpliance with Section
Sections 13111 through 13120, and Section 30603 of the Coastal Act .
PASSED, APPROVED, AND ADOPTED THIS 14TH DAY OF MAY,2020.
_____________________________________
Jaime Murillo, Zoning Administrator
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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 the Certificate of Occupancy , 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 natu ral hazards that may
affect the property, or development of the property, today or in the future. The agreement
shall be binding against the property own ers 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,
development.This letter shall be scanned into the plan set prior to building permit issuance.
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.No demolition or construction materials shall be stored on
public property.
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 (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
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activity within 300 feet of an active nest shall be delayed until the nest is no longer
active. Continue to observe the nest until the chicks have left the nest and activity is no
longer observed. When the nest is no longer active, construction activity can continue
in the nest area.
B.It is a violation of state and federal law to kill or harm a native bird. To ensure
compliance, consider hiring a biologist to assist with the survey for nesting birds, and
to determine when it is safe to commence construction activities. If an active nest is
found, one or two short follow-up surveys will be necessary to check on the nest and
determine when the nest is no longer active.
8.Best Management Practices (BMPs) and Good Housekeeping Practices (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 l ocal 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.
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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.
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 Exhibi
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 accura tely depict
the elements approved by this Coastal Development Permit.
20.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.
21.All landscape materials and irrigation systems shall be maintained in accordance with
the approved landscape plan. All landscaped areas shall be maintai ned 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, re pairs, and cleaning as part of
regular maintenance.
22.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.
23.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.
24.This Coastal Development Permit No.CD2020-012 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.
25.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
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approval of Ghai Residence including, but not limited to, Coastal Development Permit No.
CD2020-012 (PA2020-021).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.CD2020-012
PA2020-021
1124 West Ocean Front
Subject Property
17
Attachment No. ZA 3
Project Plans
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OCEANFRONT3'3'-6"(GFF = 10.88)SDSDSD2%2%2%2%2%2%2%2%2%2%2%2%2%2%2%S=0.0133
4"MIN8"MIN4"MIN.8"MIN0.7' MIN.0.85'MIN.18"4" CONCRETE6" TOP SOILVARIES1"1"AEB34
OCEANFRONT3'3'-6"SDSDSD35
HUNTINGTON BEACH, CALIFORNIA 92646PHONE:(714)488-5006 FAX:(714)333-4440 APEXLSINC@GMAIL.COMO 36