HomeMy WebLinkAbout20191114_ZA_Staff ReportCITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
November 14, 2019
Agenda Item No. 8
SUBJECT:Harris Residence (PA2019-153)
Coastal Development Permit No. CD2019-042
SITE LOCATION:5311 Seashore Drive
APPLICANT:Eric Olsen Design
OWNER:Chip and Shawn Harris
PLANNER:Liane Schuller, Planning Consultant
949-644-3200, lschuller@newportbeachca.gov
LAND USE AND ZONING
x General Plan:RS-D (Single-Unit Residential Detached)
x Zoning District: R-1 (Single-Unit Residential)
x Coastal Land Use Category: RSD-D (Single-Unit Residential Detached) (20.0-29.9
DU/AC)
x 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 the construction of a new 1,952-square-foot, single-family residence
with an attached 503-square-foot, two-car garage. 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. CD2019-042 (Attachment No. ZA 1).
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DISCUSSION
Land Use and Development Standards
x 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.
x 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. 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.
x The proposed design relocates the existing driveway approach from 54th Street to
Seashore Drive, resulting in the addition of one on-street public parking space.
x The proposed single-family dwelling and accessory structures 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 (beach)5 feet 5 feet
Side 3 feet each 3 feet each
Rear (Street)0 feet 0 feet
Allowable Floor Area 2,734 square feet 2,455 square feet
Allowable 3rd Floor Area 205 square feet 123 square feet
Open Volume Area (min.)205 square feet 210 square feet
Parking (min.)2 enclosed 2 enclosed
Height (max.)24-foot flat roof
29-foot sloped roof
24-foot flat roof
29-foot sloped roof
Hazards
x The property is an oceanfront lot that is separated from the ocean by sandy beach
with an average width of more than 350 feet. The project site is not protected by a
bulkhead.
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x The finish floor elevation of the first floor of the proposed living area is 11.50 feet
based on the North American Vertical Datum of 1988 (NAVD 88), which exceeds the
minimum 9.0 feet (NAVD 88) elevation standard for new structures and exceeds the
projected “likely” sea level rise scenario of 10.9 feet (NAVD 88) projected for the year
2100, exceeding the 75 year assumed life of the structure. A Coastal Hazards and
Wave Runup Study was prepared for the project by GeoSoils, Inc., dated June 18,
2019, indicates a likely sea level rise projection of between 1.3 feet and 3.2 feet for
the year 2100, resulting in a future water elevation of between 9.0 feet and 10.9
feet (NAVD 88). The proposed finished floor elevation exceeds this projected range
and is therefore protected from sea level rise under the “likely” scenario for the next
75 years.
x The Coastal Hazards and Wave Runup Study also discusses shoreline erosion and
concludes that the long-term erosion rate is small if any long-term erosion occurs at
all, and it is unlikely that that the mean high tide line will reach within 300 feet of the
property over the life of the structure. If a very conservative future retreat rate of 2.0
feet per year is used, it would account for about 150 feet of retreat over the life of the
structure. This conservative retreat rate would not reduce the beach to less than 225
feet in nominal width, and a beach width of 200 feet is recognized by coastal
engineers as sufficiently wide enough to protect landward development.
Furthermore, the study also concludes that coastal hazards, including wave runup
and overtopping, will not impact the property over the next 75 years and there is no
anticipated need for a shoreline protection device over the life of the proposed
development.
x 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.
x 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.
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Water Quality
x The property is located more than 350 feet from coastal waters. As proposed and
conditioned, the project 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.
x 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
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 and Views
x 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.
x The project is located adjacent to a public beach with an average width of more than
350 feet, 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 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, including the 54
th Street end, which is located
adjacent to the site.
x 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. Proposed landscape is limited to low-
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growing shrubs along the side property line adjacent to the street, with a maximum
mature height of approximately three feet. 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.
x No changes are proposed to the existing 14.5-foot patio encroachment. The
existing patio encroachment is allowed pursuant to Title 21 Appendix C
(Oceanfront Encroachment Policy Guidelines) and the project is conditioned to
maintain an encroachment permit from Public Works. The existing improvements
within the encroachment area are limited to an on-grade patio enclosed with 30 inch
walls. The patio does not affect public views or access to the public beach.
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, 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 1,952-square-foot, single-family residence and attached two-car
garage.
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.
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Prepared by:
JM/ls
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. ZA2019-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF
NEWPORT BEACH APPROVING COASTAL DEVELOPMENT
PERMIT NO. CD2019-042 TO DEMOLISH AN EXISTING SINGLE-
FAMILY RESIDENCE AND CONSTRUCT A NEW SINGLE-FAMILY
RESIDENCE LOCATED AT 5311 SEASHORE DRIVE (PA2019-153)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Eric Olsen Design, with respect to property located at 5311
Seashore Drive and legally described as Lot 6 of Block 53 of Tract 523, requesting approval
of a coastal development permit.
2. The applicant proposes to demolish an existing single-family residence and construct a new
1,952-square-foot, single-family residence with an attached 503-square-foot, two-car
garage.
3. 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).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan category
is RSD-D (Single Unit Residential Detached) (20.0 - 29.9 DU/AC) and the Coastal Zoning
District is R-1 (Single-Unit Residential).
5. A public hearing was held on November 14, 2019 in the Corona del Mar Conference Room
(Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and
purpose of the hearing was given in accordance with the Newport Beach Municipal Code.
Evidence, both written and oral, was presented to, and considered by, the Zoning
Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This Project is categorically exempt 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 1,952-square-foot, single-family residence with an attached 503-
square-foot, two-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.
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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 2,734 square feet and the proposed gross
floor area is 2,455 square feet.
b. The proposed development will provide the required setbacks, which are five feet
along the front property line abutting the beach, three feet along the side property
lines, and zero 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 two vehicles, which complies
with the minimum two-space parking requirement for single-family residences with
less 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 developed with two- and three-
story, single-family residences and duplexes.
3. The finish floor elevation of the first floor of the proposed living area is 11.50 feet based on
the North American Vertical Datum of 1988 (NAVD 88), which exceeds the minimum 9.0
feet (NAVD 88) elevation standard for new structures and exceeds the projected “likely” sea
level rise scenario of 10.9 feet (NAVD 88) projected for the year 2100, exceeding the 75
year assumed life of the structure. A Coastal Hazards and Wave Runup Study was prepared
for the project by GeoSoils, Inc., dated June 18, 2019, indicates a likely sea level rise
projection of between 1.3 feet and 3.2 feet for the year 2100, resulting in a future water
elevation of between 9.0 feet and 10.9 feet (NAVD). The proposed finished floor elevation
exceeds this projected range and is therefore protected from sea level rise under the “likely”
scenario for the next 75 years.
4. The Coastal Hazards and Wave Runup Study also discusses shoreline erosion and
concludes that the long-term erosion rate is small if any long-term erosion occurs at all, and
it is unlikely that that the mean high tide line will reach within 300 feet of the property over
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the life of the structure. If a very conservative future retreat rate of 2.0 feet per year is used,
it would account for about 150 feet of retreat over the life of the structure. This conservative
retreat rate would not reduce the beach to less than 225 feet in nominal width, and a beach
width of 200 feet is recognized by coastal engineers as sufficiently wide enough to protect
landward development. Furthermore, the study also concludes that coastal hazards,
including wave runup and overtopping, will not impact the property over the next 75 years
and there is no anticipated need for a shoreline protection device over the life of the
proposed development.
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 final building inspection, and prior
to the issuance of building permits, respectively.
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. The property is located more than 350 feet from coastal waters. A Construction Erosion
Control Plan (CECP) was provided to implement temporary Best Management Practices
(BMPs) during construction to minimize erosion and sedimentation and to minimize pollution
of runoff and coastal waters derived by construction chemicals and materials. The project
design also addresses water quality through the inclusion of a post construction drainage
system that includes drainage and percolation features designed to retain dry weather and
minor rain event run-off on-site. Any water not retained on-site is directed to the City’s storm
drain system.
8. Proposed landscaping complies with Implementation Plan Section 21.30.075. A condition
of approval is included that requires drought-tolerant species. Prior to issuance of building
permits, the final landscape plans will be reviewed to verify invasive species are not
planted.
9. 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 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. The site is located adjacent to the end of 54th Street, which provides
opportunities to view the beach and ocean. Proposed landscape is limited to low-growing
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shrubs along the side property line adjacent to the street, with a maximum mature height
of approximately three feet.
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 located adjacent to a public beach with an average width of more than 350
feet, 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,
including the 54th Street end, which is located adjacent to the site. The existing development
is provided vehicular access from the side of the lot on 54
th Street. The proposed design
relocates the existing driveway approach from 54th Street to Seashore Drive, resulting in the
addition of one on-street public parking space.
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. CD2019-042, 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 of the
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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 14th DAY OF NOVEMBER, 2019.
_______________________________
James Campbell, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
1. The developmentshall be in substantialconformance with the approved site plan, floor
plans andbuilding elevationsstamped and dated with thedate 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. CD2019-042 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. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right-of-way.
5. Prior to final building permit inspection, an agreement in a form approved by the City
Attorney between the property owner and theCity 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.
6. 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.
7. 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.
8. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right-of-way.
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9. This Coastal Development Permit does not authorize any development seaward of the
private property.
10.Any new development within the existing 14.5-foot deep encroachment area authorized by
the existing encroachment permit shall require a new encroachment permit issued by the
Public Works Department and a coastal development permit or other authorization by
California Coastal Commission, unless the development is exempt from coastal
development permit requirements pursuant to certified LCP Implementation Plan Section
21.52.035 and the Coastal Act.
11. The applicant is responsible for compliance with the Migratory Bird Treaty Act. In
compliance with the (MBTA), grading, brush removal, building demolition, tree trimming,
and similar construction activities shall occur between August 16 and January 31, outside
of the peak nesting period. If such activities must occur inside the peak nesting season
from February 1 to August 15, compliance with the following is required to prevent the
taking of Native Birds pursuant to MBTA:
A. The construction area shall be inspected for active nests. If birds are observed flying
from a nest or sitting on a nest, it can be assumed that the nest is active. Construction
activity within 300 feet of an active nest shall be delayed until the nest is no longer 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.
12. 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.
13. 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.
14. 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.
15. 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.
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16. Revisions to the approved plans may require an amendment to this Coastal Development
Permit or the processing of a new coastal development permit.
17. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
18. 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.
19. This Coastal Development Permit may be modified or revoked by theZoning 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.
25. 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.
26. 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.
27. Should the property be sold or otherwise come under different ownership, any future
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Zoning Administrator Resolution No. ZA2019-###
Page 9 of 9
owners or assignees shall be notified of the conditions of this approval by the current
property owner or agent.
28. This Coastal Development Permit No CD2019-042 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.
29. 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 Harris Residence including, but not limited to Coastal Development
Permit No. CD2019-042 (PA2019-153). 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. CD2019-042
PA2019-153
5311 Seashore Drive
Subject Property
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Attachment No. ZA 3
Project Plans
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BASIS OF BEARINGS THE BASIS OF BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINE•••••••••••••••••••••••••••••••••••••••••••••••••••• ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••2014-1090, R.S.B. 272/13.VICINITY MAPBENCHMARK INFORMATION5'#5*14'&4+8'0'92146$'#%*%#
#20 ÄÄ 6121)4#2*+%/#2TITLE REPORT/EASEMENT NOTES5'#5*14'&4+8'0'92146$'#%*%#
#20 ÄÄ NO TITLE REPORT PROVIDEDLEGAL DESCRIPTIONREAL PROPERTY SITUATED IN THE CITY OF NEWPORT BEACH,COUNTY OF ORANGE, STATE OF CALIFORNIA AND ISDESCRIBED AS FOLLOWS:LOT 6 OF BLOCK 53 OF OCEANFRONT TRACT, IN THE CITY OFNEWPORT BEACH, COUNTY OF ORANGE, STATE OFCALIFORNIA AS PER MAP RECORDED IN BOOK 4, PAGE 12, OFMISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTYRECORDER OF SAID COUNTY.LCEXISTING ELEVATIONLEGEND( )ACASPHALT PAVEMENTFOUND MONUMENTSEARCHED, FOUND NOTHING; SETNOTHINGFSFLFINISHED SURFACEFLOWLINEFFG FINISHED FLOOR GARAGECONCRETE SURFACET.B.M.TEMPORARY BENCHMARKSET ON A WATER METER (WM)ELEVATION = 9.53 FEET+817,1*721%($&+&$/,)251,$ 3+21( )$; $3(;/6,1&#*0$,/&20PAUL D. CRAFT, P.L.S. 8516 DATENOTE: SECTION 8770.6 OF THE CALIFORNIA BUSINESS AND PROFESSIONS CODESTATES THAT THE USE OF THE WORD CERTIFY OR CERTIFICATION BY ALICENSED LAND SURVEYOR IN THE PRACTICE OF LAND SURVEYING OR THEPREPARATION OF MAPS, PLATS, REPORTS, DESCRIPTIONS OR OTHER SURVEYINGDOCUMENTS ONLY CONSTITUTES AN EXPRESSION OF PROFESSIONAL OPINIONREGARDING THOSE FACTS OR FINDINGS WHICH ARE THE SUBJECT OF THECERTIFICATION AND DOES NOT CONSTITUTE A WARRANTY OR GUARANTEE,EITHER EXPRESSED OR IMPLIED.LICENSE RENEWAL DATE 12/31/18PAULDOMINICKC R A FT
PROFESSIONALLANDSU R V E YOR
FFFINISHED FLOORWATER VALVEWVEGEDGE OF GUTTERGAS METERGMCENTERLINETCTOP OF CURBGRAPHIC SCALESURVEYOR OR ENGINEER SHALL PERMANENTLY MONUMENT PROPERTYCORNERS OR OFFSETS BEFORE STARTING GRADING.PLEASE CALL PAUL CRAFT @ 714-488-5006 TO SCHEDULE.SURVEYOR'S NOTESBLOCK WALLBRICK SURFACENG NATURAL GROUNDBENCHMARK NO: NB2-7-77DESCRIBED BY OCS 2002 FOUND 3 3\4" OCS ALUMINUM BENCHMARK DISK STAMPED"NB2-7-77", SET IN THE SOUTHWEST CORNER OF A 7 FT. BY 4.5 FT. CONCRETE CATCHBASIN. MONUMENT IS LOCATED IN THE SOUTHEAST CORNER OF THE INTERSECTION OFSUPERIOR AVENUE AND PACIFIC COAST HIGHWAY, 400 FT. EASTERLY OF THECENTERLINE OF SUPERIOR AVENUE AND 48 FT. SOUTHERLY OF THE CENTER MEDIANALONG PCH. MONUMENT IS SET LEVEL WITH THE SIDEWALK.ELEVATION: 8.565 FEET (NAVD88), YEAR LEVELED 2015ACU AIR CONDITION UNITCATV CABLE TV BOXGUARD POSTGPPAPLANTER AREAPMPARKING METERTWTOP OF WALLFPFIRE PIT21
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