HomeMy WebLinkAbout05_Snell Residence CDP_PA2020-301CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
January 14, 2021
Agenda Item No. 5
SUBJECT: Snell Residence (PA2020-301)
Coastal Development Permit No. CD2020-140
SITE LOCATION: 502 Via Lido Nord
APPLICANT: Brandon Architects Inc.
OWNERS: Mark A. Snell and Teri L. Snell Family Trust
PLANNER: Afshin Atapour, Planning Technician
949-644-3212, aatapour@newportbeachca.gov
LAND USE AND ZONING
General Plan Land Use Plan Category: RS-D (Single-Unit Residential, Detached)
Zoning District: R-1 (Single-Unit Residential)
Coastal Land Use Plan Category: RSD-C (Single Unit Residential Detached) (10.0
19.9 DU/AC)
Coastal Zoning District: R-1 (Single-Unit Residential)
PROJECT SUMMARY
The applicant proposes to demolish an existing single-family residence and construct a
2,971 square-foot, two-story, single-family residence with an attached 554 square-foot, two-car garage. The design includes hardscape, gates, and landscaping. The
project complies with all development standards and no deviations are
requested. All improvements are shown on the attached project plans (Attachment No.
ZA 3).
RECOMMENDATION
1)Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small
Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division
6, Chapter 3, because it has no potential to have a significant effect on the environment;
and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development
Permit No. CD2020-140 (Attachment No. ZA 1).
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DISCUSSION
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
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 currently consists of one legal lot developed with a single-family
residence. The neighborhood is predominantly developed with two-story, single-
family residences. The proposed design, bulk, and scale of the development is
consistent with the existing neighborhood pattern of development and expected
future development consistent with applicable development standards.
The proposed single-family dwelling and accessory structures conform to all
applicable development standards, including floor area limit, setbacks, height, and
off-street parking as evidenced by the project plans and illustrated in Table 1 below.
Table 1 Development Standards
Development Standard Standard Proposed
Setbacks (min.)
Front (Via Lido Nord) 4 feet 4 feet
Sides 3 feet 3 feet
2nd Front (Harbor) 10 feet 10 feet
Allowable Floor Area (max.) 4,368 square feet 3,525 square feet
Open Space (min.) 327.60 square feet 422 square feet
Parking (min.) 2-car garage 2-car garage
Height (max.) 24-foot flat roof
29-foot sloped roof
24-foot flat roof & sloped roof
Establishment of Grade
On July 24, 2020, the Community Development Director approved Staff Approval
No. SA2020-003 (PA2020-063) the established grade of 11.14 feet based on the
North American Vertical Datum of 1988 (NAVD88) for the purposes of measuring
principal structure height. An alternative grade of 10.64 feet (NAVD88) was also
established for the purpose of measuring height for accessory structures within the
10-foot front setback area.
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Hazards
A Coastal Hazards Report and Sea Level Rise Analysis was prepared by PMA
Consulting, Inc. dated October 12, 2020, for the project. The maximum bay water
elevation is 7.7 feet (NAVD 88) and may exceed the current 7.94 feet (NAVD 88)
top of bulkhead elevation during high tide or storm events. The report analyzes
future sea level rise scenarios assuming a 2.95-foot increase in the maximum
water level over the next 75 years (i.e. the life of the structure). Therefore, the sea
level is estimated to reach approximately 10.65 feet (NAVD8 8) - (the likely range
for sea level rise over 75-year design life of the structure based on low risk aversion
estimates for sea level rise provided by the State of California, Sea Level Rise
Guidance: 2018 Update). The existing bulkhead is proposed to be capped up to
10.65 feet to provide adequate flood protection as anticipated for the likely range
of sea level rise for the 75-year life of the structure.
The finished floor elevation of the proposed single-family residence is 10.13 feet
(NAVD 88), which complies with the minimum 9.0-foot (NAVD 88) elevation
standard. A waterproofing curb is also proposed be constructed around the
perimeter of the dwelling that would protect against flooding up to an elevation of
10.65 feet (NAVD 88). Flood shields (sand bags and other barriers) can be
deployed across the openings to protect and prevent flooding to the structure. The
Coastal Hazards Report concludes that the bay water elevation (currently 7.7 feet
NAVD 88) will not exceed the proposed flood protection curb around the single-
family residence at 10.65 feet (NAVD 88) for the anticipated 75-year life of the
structure. Therefore, the project has been conditioned to raise or cap the bulkhead
and include a curb structure up to 10.65 feet (NAVD 88).
Once the existing seawall/bulkhead is reinforced/capped
recommendations, flooding, wave run-up, and erosion will not significantly impact
this property over the proposed 75-year economic life of the development. The
report concludes 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.
Pursuant to NBMC Section 21.30.030(C)(3)(i)(iv) (Natural Landform and Shoreline
Protection), the property owner will be required to enter into an agreement with the
City waiving any potential right to protection to address situations in the future in
which the development is threatened with damage or destruction by coastal hazards
(e.g., waves, erosion, and sea level rise). The property owner will also be required to
acknowledge any hazards present at the site and unconditionally waive any claim to
damage or liability against the decision authority, consistent with NBMC Section
21.30.015(D)(3)(c) (Waterfront - Development Standards). 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.
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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 property is located adjacent to coastal waters. Pursuant to Section 21.35.030
(Construction Pollution Prevention Plan) of the Municipal Code, a Construction
Pollution Prevention Plan (CPPP) is required to implement temporary Best
Management Practices (BMPs) during construction to minimize erosion and
sedimentation and to minimize pollution of runoff and coastal waters derived from
construction chemicals and materials. A CPPP has been provided and construction
plans and activities will be required to adhere to the CPPP.
Pursuant to Municipal Code Section 21.35.050 (Water Quality and Hydrology Plan),
due to the proximity of the development to the shoreline and the development
containing more than 75 percent of impervious surface area, a preliminary Water
Quality and Hydrology Plan (WQHP) is required. A preliminary WQHP has been
prepared for the project by Forkert Engineering & Surveying, Inc. The WQHP
includes a polluted runoff and hydrologic site characterization, a sizing standard for
BMPs, use of an LID approach to retain the design storm runoff volume on site, and
documentation of the expected effectiveness of the proposed BMPs. Construction
plans will be reviewed for compliance with the approved WQHP prior to building
permit issuance.
The project design addresses water quality with a construction erosion control plan
and a post-construction drainage system that includes drainage and percolation
features designed to retain dry weather runoff and minor rain event runoff on-site.
Any water not retained on-
Public Access and Views
The project site is located between the nearest public road and the sea or shoreline.
Implementation Plan Section 21.30A.040 (Determination of Public
Access/Recreation Impacts) requires that the provision of public access bear a
rea and be
proportional to the impact. In this case, the project replaces an existing single-family
residence located on a standard R-1 zoned lot with a new single-family residence.
Therefore, the project does not involve a change in land use, density or intensity that
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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 bay and beach is available adjacent to the site at a City owned
parcel along Via Koron. Lateral access is available on the beach to the west and
where Via Koron ends to the east where there is a small access point. The project
does not include any features that would obstruct access along these routes.
There are no designated public viewpoints or Coastal View Roads near the project
site, per the Coastal Land Use Plan. The nearest coastal viewpoint is Kings Road
Park, which is about 1,384 feet away from the project site. The nearest coastal view
corridor is West Coast Highway, which is about 1,122 feet away from the project site.
As currently developed, the existing property and other residences along Via Lido
Nord are located within the view shed of the park. Due to the distance of the proposed
development from public viewpoints and the project’s compliance with all applicable
development standards, including height and setbacks, the project will not impact
existing coastal 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 the
demolition of one single-family residence and the construction of a new 2,971 square-
foot, two-story, single-family residence with an attached 554 square-foot 2-car garage
and therefore qualifies within this exemption. There are no known exceptions listed in
CEQA Guidelines Section 15300.2 that would invalidate the use of this exemption.
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 (Appeal
to the Coastal Commission) of the City’s certified LCP and Title 14 California Code of
Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. For
additional information on filing an appeal, contact the Planning Division at 949-644-3200.
Prepared by:
MKN/aa
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. ZA2021-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2020-140 TO DEMOLISH AN
EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A
NEW 2-STORY SINGLE-FAMILY RESIDENCE AND ATTACHED
2-CAR GARAGE LOCATED AT 502 VIA LIDO NORD (PA2020-
301)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Brandon Architects Inc., with respect to property located at
502 Via Lido Nord, requesting approval of a coastal development permit (CD2020-140).
The lot at 502 Via Lido Nord is legally described as Lot 494 of Tract 907.
2. The applicant proposes to demolish an existing single-family residence and construct a
2,971 square-foot, two (2)-story, single-family residence with an attached 554 square-foot
two (2)-car garage. The design includes hardscape, gates, and landscaping. The project
complies with all development standards and no deviations are requested.
3. 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.
4. 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 is
located within the R-1 (Single-Unit Residential) Coastal Zone District.
5. A public hearing was held online on January 14, 2021, observing restrictions due to the
Declaration of a State Emergency and Proclamation of Local Emergency related to
COVID-19. 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 proposed project consists of the
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demolition of one single-family residence and the construction of a new 2,971-square-
foot single-family residence and attached 554-square-foot two (2)-car garage.
3. The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision)
of the Newport Beach Municipal Code, the following findings and facts in support of such
findings are set forth:
Finding:
A. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The proposed development complies with applicable residential development standards
including, but not limited to, floor area limitation, setbacks, height, and parking.
a. The maximum floor area limitation is 4,368 square feet and the proposed floor area
is 3,525 square feet.
b. The proposed development provides the minimum required setbacks, which are 4
feet along the front property line abutting Via Lido Nord, 3 feet along each side
property line and 10 feet along the second front property line abutting the harbor.
c. The highest guardrail is less than 24 feet from established grade (11.14 feet
NAVD88) and the highest ridge is no more than 29 feet from established grade,
which complies with the maximum height limitation.
d. The project includes garage parking for a total of two (2) vehicles, complying with
the minimum two (2)-car garage parking requirement for single-family residences
with less than 4,000 square feet of habitable floor area.
2. The neighborhood is predominantly developed with two (2)-story, single-family
residences. The proposed design, bulk, and scale of the development is consistent with
the existing neighborhood pattern of development.
3. A Coastal Hazards Report and Sea Level Rise Analysis was prepared by PMA
Consulting, Inc. dated October 12, 2020, for the project. The maximum bay water
elevation is 7.7 feet NAVD 88 (North American Vertical Datum of 1988 (NAVD 88) and
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may exceed the current 7.94 feet (NAVD 88) top of bulkhead elevation during high tide
or storm events. The report analyzes future sea level rise scenarios assuming a 2.95-
foot increase in the maximum water level over the next 75 years (i.e. the life of the
structure). Therefore, the sea level is estimated to reach approximately 10.65 feet
(NAVD 88) - (the likely range for sea level rise over 75-year design life of the structure
based on low risk aversion estimates for sea level rise provided by the State of
California, Sea Level Rise Guidance: 2018 Update). The existing bulkhead is proposed
to be capped up to 10.65 feet to provide adequate flood protection as anticipated for the
likely range of sea level rise for the 75-year life of the structure.
4. The finished floor elevation of the proposed single-family residence is 10.13 feet (NAVD
88), which complies with the minimum 9.0-foot (NAVD 88) elevation standard. A
waterproofing curb is also proposed be constructed around the perimeter of the dwelling
that would protect against flooding up to an elevation of 10.65 feet (NAVD 88). Flood
shields (sand bags and other barriers) can be deployed across the openings to protect
and prevent flooding to the structure. The Coastal Hazards Report concludes that the
bay water elevation (currently 7.7 feet NAVD 88) will not exceed the proposed flood
protection curb around the single-family residence at 10.65 feet (NAVD 88) for the
anticipated 75-year life of the structure. Therefore, the project has been conditioned to
raise or cap the bulkhead and include a curb structure up to 10.65 feet (NAVD 88).
5.
recommendations, flooding, wave run-up, and erosion will not significantly impact this
property over the proposed 75-year economic life of the development. The report
concludes 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).
6. Pursuant to NBMC Section 21.30.030(C)(3)(i)(iv) (Natural Landform and Shoreline
Protection), the property owner will be required to enter into an agreement with the City
waiving any potential right to protection to address situations in the future in which the
development is threatened with damage or destruction by coastal hazards (e.g., waves,
erosion, and sea level rise). The property owner will also be required to acknowledge any
hazards present at the site and unconditionally waive any claim to damage or liability
against the decision authority, consistent with NBMC Section 21.30.015(D)(3)(c)
(Waterfront - Development Standards). 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.
7. 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 California Building Code prior to building permit issuance.
8. The property is located adjacent of coastal waters. A Construction Erosion Control Plan
was provided to implement temporary Best Management Practices (BMPs) during
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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 runoff on-site. Any water not retained on-
system.
9. Pursuant to Municipal Code Section 21.35.050 (Water Quality and Hydrology Plan), due
to the proximity of the development to the shoreline and the development containing more
than 75 percent of impervious surface area, a Water Quality and Hydrology Plan (WQHP)
is required. A preliminary WQHP has been prepared dated October 19, 2020, for the
project by Forkert Engineering & Surveying Inc. The WQHP includes a polluted runoff and
hydrologic site characterization, a sizing standard for BMPs, use of an LID approach to
retain the design storm runoff volume on site, and documentation of the expected
effectiveness of the proposed BMPs.
10. Proposed landscaping complies with Implementation Plan Section 21.30.075
(Landscaping). 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.
11. The project site is not located adjacent to a coastal view road, public access way, or
Coastal Viewpoint as identified in the Coastal Land Use Plan. The nearest coastal
viewpoint is Kings Road Park, which is about 1,384 feet away from the project site. The
nearest coastal view corridor is West Coast Highway, which is about 1,122 feet away from
the project site. As currently developed, the existing property and other residences along
Via Lido Nord are located within the view shed of the park. However, the proposed single-
family residence complies with all applicable Local Coastal Program (LCP) development
standards and maintains a building envelope consistent with the existing neighborhood
pattern of development. Additionally, the project does not contain any unique features that
could degrade the visual quality of the coastal zone.
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. Vertical access to the bay and beach is available adjacent to the site at a street end along
Via Koron. Lateral access is available on the beach to the west and where Via Koron ends
to the east where there is a small access point. The project does not include any features
that would obstruct access along these routes.
2. The project site is located between the nearest public road and the sea or shoreline.
Implementation Plan Section 21.30A.040 (Determination of Public Access/Recreation
Impacts) requires that the provision of public access bear a reasonable relationship
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bet
case, the project replaces an existing single-family residence located on standard R-1 lot
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. Furthermore, the project is designed and sited (appropriate
height, setbacks, etc.) so as not to block or impede existing public access opportunities.
3. The project is designed and sited so as not block or impede existing public access
opportunities. Coastal access is currently provided and will continue to be provided by
street ends throughout the neighborhood with access to the 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 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. CDP2020-140 subject to the conditions set forth in Exhibit A,
which is attached hereto and incorporated by reference.
3. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal or call for review is filed with the
Community Development Director 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 (Appeal to the Coastal Commission)
California Code of Regulations, Sections 13111 through 13120, and Section 30603 of
the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 14TH DAY OF JANUARY, 2021.
_____________________________________
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 final of building permits for the new residence, The existing seawall shall be
reinforced and capped to 10.65 feet (NAVD88) minimum in accordance with the
recommendations provided in the report prepared by PMA Consulting, Inc. on October
12, 2020 and as identified in the approved plans.
3.Prior to issuance of building permits, the project plans shall be updated to reflect that a
waterproofing curb will be constructed around the proposed residence as an adaptive
flood protection device up to 10.65 feet (NAVD88). Flood shields (sand bags and other
barriers) can be deployed across the openings to protect prevent flooding to the
structure.
4. Waiver of Future Protection for Properties with Approved Bulkheads 21.30.030.C.3(i)
(Natural Landform and Shoreline Protection). Prior to final building permit inspection,
an agreement in a form approved by the City Attorney between the property owner and
the City shall be executed and recorded waiving rights to the construction of future
shoreline protection devices including the repair and maintenance, enhancement,
reinforcement, or any other activity affecting the bulkhead, that results in any
encroachment seaward of the authorized footprint of the bulkhead or other shoreline
protective device. The agreement shall be binding against the property owners and
successors and assigns.
5. Acknowledgement of Hazards for Waterfront Development - 21.30.015.D.3(c)
(Waterfront - Development Standards). 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) of every kind and nature whatsoever which may arise from or in any manner relate
This 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.
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7. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right-of-way.
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.
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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
shall be incorporated into the Building Division and field sets of
plans.
21. Prior to issuance of building permits, the final WQHP/WQMP shall be reviewed and
approved by the Building Division. Implementation shall be in compliance with the
approved CPPP and WQHP/WQMP and any changes could require separate review
and approval by the Building Division.
22. 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.
23. 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.
24. 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.
25. 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.
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Zoning Administrator Resolution No. ZA2021-###
Page 9 of 9
26. This Coastal Development Permit No. CD2020-140 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.
27. 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
approval of the Snell Residence including, but not limited to, Coastal Development Permit
No. CD2020-140 (PA2020-301). 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. CD2020-140
PA2020-301
502 Via Lido Nord
Subject Property
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Attachment No. ZA 3
Project Plans
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