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Home My WebLink About20200116_ZA_Staff ReportCITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT January 16, 2020 Agenda Item No. 4 SUBJECT: Moore Residence (PA2019-230) Coastal Development Permit No. CD2019-058 SITE LOCATION: 732 Via Lido Nord APPLICANT: Cynthia Childs, Architect OWNER: Gary Moore 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-C (Single-Unit Residential Detached) (10.0-19.9 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 construction of a new 4,440-square-foot, single-family residence with an attached 789-square-foot, three-car garage. The project includes accessory appurtenances such as walls, fences, patios, drainage devices, and landscaping. The property contains a private bulkhead which is proposed to be repaired and maintained. The project complies with all applicable development standards including height, setbacks, and floor area limits, and no deviations are requested. All proposed improvements are located within the confines of the private property. 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. CD2019-058 (Attachment No. ZA 1). 1 Moore Residence (PA2019-230) Zoning Administrator, January 16, 2020 Page 2 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 project site is currently developed with a single-family residence. The neighborhood is predominantly developed with two-story, single-family residences. A third level may be 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 project will conform to all applicable development standards, including floor area limit, setbacks, and height, as evidenced by the project plans and illustrated in Table 1 below. Table 1 – Development Standards Development Standard Standard Proposed Setbacks (min.) Front (street) 4 feet 4 feet Front (bayfront) 10 feet 10 feet Side 4 feet each 4 feet each Allowable Floor Area 6,764 square feet 5,229 square feet Allowable 3rd Floor Area 507 square feet None proposed Open Volume Area 507 square feet 1,206 square feet Parking 3 enclosed 3 enclosed Height 24-foot flat roof 29-foot sloped roof 24-foot flat roof 29-foot sloped roof Hazards x The property fronts the Newport Bay and is a private waterfront parcel. A Coastal Hazards Analysis Report was prepared for the project by PMA Consulting, Inc., dated October 18, 2019. The current maximum bay water elevation is 7.7 feet North American Vertical Datum of 1988 (NAVD 88). According to the report, the estimated sea level rise at the site is between 2.8 and 4.95 feet over the next 75 years utilizing different probabilistic scenarios, accounting for the bay water level rising to between 10.5 and 12.65 feet NAVD 88. The Newport Beach City Council has approved the use of the high estimate of the “low risk aversion” scenario, which is 2 Moore Residence (PA2019-230) Zoning Administrator, January 16, 2020 Page 3 3.2 feet by the year 2100, or 2.9 feet by 2094. Therefore, the sea level is estimated to likely reach approximately 10.6 feet NAVD 88 over the next 75 years (i.e. the life of the structure).The report also identifies that there is a 0.5 percent chance (“medium-high risk aversion” scenario) that sea level rise (SLR) would be greater than 2.9 feet around the year 2070 and could be as high as 13.1 feet NAVD 88 by the year 2100. If future SLR is greater than the likely estimate of the “low risk aversion” scenario by 2094 (10.6 feet NAVD 88), then the bulkhead can be raised without further bayward encroachment. Future raising of the bulkhead height would require a separate local coastal development permit (CDP). x The project site is protected by an existing bulkhead that will be repaired and maintained at its current height of 11.54 feet NAVD 88, which can be raised to protect the property if needed in the future. The finished floor elevation of the first floor of the proposed living area is 12.98 feet NAVD 88, which exceeds the minimum 9.0-foot NAVD 88 elevation standard for new structures and exceeds the minimum requirements for sea level rise (10.6 feet NAVD 88) for the anticipated 75-year life of the structure. 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. Water Quality x The property is adjacent to Newport Bay. 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 3 Moore Residence (PA2019-230) Zoning Administrator, January 16, 2020 Page 4 construction chemicals and materials. A CPPP has been provided and construction plans and activities will be required to adhere to the CPPP. x 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 for the project by Forkert Engineering & Surveying, Inc., dated November 1, 2019. The WQHP includes a polluted runoff and hydrologic site characterization, a sizing standard for BMPs, use of a Low Impact Development (LID) approach to retain the design storm runoff volume on site, and documentation of the expected effectiveness of the proposed BMPs. x 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-site is directed to the City’s storm drain system. Public Access 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 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. 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. Therefore, the project does not have the 4 Moore Residence (PA2019-230) Zoning Administrator, January 16, 2020 Page 5 potential to degrade the visual quality of the Coastal Zone or result in significant adverse impacts to public views. ENVIRONMENTAL REVIEW This project is exempt from the California Environmental Quality Act (CEQA) pursuant to 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. Class 3 exempts the construction of up to three single-family residences in an urbanized area. The proposed project includes the demolition of an existing single-family residence and construction of a new 4,440-square-foot, single-family residence and attached 789- square-foot, three-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 Regula tions, Sections 13111 through 13120, and Section 30603 of the Coastal Act. For additional information on filing an appeal, contact the Planning Division at 949-644-3200. Prepared by: GR/ls 5 Moore Residence (PA2019-230) Zoning Administrator, January 16, 2020 Page 6 Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Project Plans 6 Attachment No. ZA 1 Draft Resolution 7 RESOLUTION NO. ZA2020-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2019-058 TO DEMOLISH AN EXISTING SINGLE- FAMILY RESIDENCE AND CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE LOCATED AT 732 VIA LIDO NORD (PA2019-230) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Cynthia Childs, Architect, with respect to property located at 732 Via Lido Nord, and legally described as Lot 44 and southeasterly one-half of Lot 45, Tract 907 requesting approval of a coastal development permit. 2. The applicant proposes to demolish an existing single-family residence and construct a new 4,440-square-foot, single-family residence with an attached 789-square-foot, three-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-C (Single Unit Residential Detached) (10.0 - 19.9 DU/AC) and the Coastal Zoning District is R1 (Single-Unit Residential). 5. A public hearing was held on January 16, 2020, 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 4,440-square-foot, single-family residence with an attached 789- square-foot, three-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 8 Zoning Administrator Resolution No. ZA2020-### Page 2 of 9 state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. In accordance with Section 21.52.015 (Coastal Development Permits) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The proposed structure conforms to all applicable development standards including, but not limited to, floor area limitation, setbacks, height, and parking: a. The maximum floor area limitation is 6,764 square feet and the proposed gross floor area is 5,229 square feet. b. The proposed development will provide the required setbacks, which are 4 feet along the front property line abutting the street, 10 feet along the bayfront property line, and 4 feet along the side property lines. c. The highest guardrail or flat roof is no more than 24 feet, measured from established grade at every point as required by Zoning Code Section 20.30.050(B)(3) and the highest ridge is no more than 29 feet from established grade, which complies with the maximum height limitation. d. The project includes enclosed garage parking for three vehicles, which complies with the minimum three-space parking requirement for single-family residences having more than 4,000 square feet of livable floor area. 2. The proposed design, bulk, and scale of the development is consistent with the existing neighborhood’s pattern of development and expected future development consistent with applicable development standards as the neighborhood is predominantly developed with two-story, single-family residences. 3. A Coastal Hazards Analysis Report was prepared for the project by PMA Consulting, Inc., dated October 18, 2019. The current maximum bay water elevation is 7.7 feet North American Vertical Datum of 1988 (NAVD 88). According to the report, the estimated sea level rise at the site is between 2.8 and 4.95 feet over the next 75 years utilizing different probabilistic scenarios, accounting for the bay water level rising to between 10.5 to 12.65 feet NAVD 88. The Newport Beach City Council has approved the use of the high estimate of the “low risk aversion” scenario, which is 3.2 feet by the year 2100, or 2.9 feet by 2094. Therefore, the sea level is estimated to likely reach approximately 10.6 feet NAVD 88 over the next 75 years (i.e. the life of the structure).The report also identifies that there is a 0.5 percent chance (“medium-high risk aversion” scenario) that sea level rise (SLR) would be 9 Zoning Administrator Resolution No. ZA2020-### Page 3 of 9 greater than 2.9 feet around the year 2070 and the bay water level could be as high as 13.7 feet NAVD 88 by the year 2094. If future SLR is greater than the likely estimate of the “low risk aversion” scenario by 2094 (10.6 feet NAVD 88), then the bulkhead can be raised without further bayward encroachment. Future raising of the bulkhead height would require a separate local coastal development permit (CDP). 4. The project site is protected by an existing bulkhead that will be repaired and maintained at its current height of 11.54 feet NAVD 88, which can be raised to protect the property if needed in the future. The finished floor elevation of the first floor of the proposed living area is 12.98 feet NAVD 88, which exceeds the minimum 9.0-foot NAVD 88 elevation standard for new structures and exceeds the minimum requirements for sea level rise (10.6 feet NAVD 88) for the anticipated 75-year life of the structure. 5. Pursuant to Newport Beach Municipal Code (NBMC) Section 21.30.030(C)(3)(i)(iv), the property owner will be required to enter into an agreement with the City waiving any potential right to protection to address situations in the future in which the development is threatened with damage or destruction by coastal hazards (e.g., waves, erosion, and sea level rise). The property owner will also be required to acknowledge any hazards present at the site and unconditionally waive any claim to damage or liability against the decision authority, consistent with NBMC Section 21.30.015(D)(3)(c). Both requirements are included as conditions of approval that will need to be satisfied prior to the issuance of building permits for construction. 6. The property is located in an area known for the potential of seismic activity and liquefaction. All projects are required to comply with the California Building Code (CBC) and Building Division standards and policies. Geotechnical investigations specifically addressing liquefaction are required to be reviewed and approved prior to the issuance of building permits. Permit issuance is also contingent on the inclusion of design mitigation identified in the investigations. Construction plans are reviewed for compliance with approved investigations and the CBC prior to building permit issuance. 7. 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 for the project by Forkert Engineering & Surveying, Inc., dated November 1, 2019. The WQHP includes a polluted runoff and hydrologic site characterization, a sizing standard for BMPs, use of a Low Impact Development (LID) approach to retain the design storm runoff volume on site, and documentation of the expected effectiveness of the proposed BMPs. 8. The project design addresses water quality with a Construction Pollution Prevention Plan (CPPP) that includes temporary best management practices (BMPs) to be implemented during construction to minimize erosion and sedimentation, and to minimize pollution of runoff derived by construction chemicals and materials. No water quality impacts to coastal waters are anticipated based upon the location and elevation of the property. 9. New landscaping will be verified for compliance with NBMC Section 21.30.075 (Landscaping). A condition of approval is included that requires drought-tolerant and 10 Zoning Administrator Resolution No. ZA2020-### Page 4 of 9 prohibits invasive species. Prior to issuance of the building permits, the final landscape plans will be reviewed to verify invasive species are not planted. 10. The property is not located near coastal view roads and is not located near any identified public viewpoints; therefore, the project will not negatively impact public coastal views. Finding: B. Conforms to the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. Facts in Support of Finding: 1. The project site is located between the nearest public road and the sea or shoreline; however, the project will not affect the public’s ability to gain access to use and/or view the coast and nearby recreational facilities. The proposed residential development neither provides nor inhibits public coastal access. Implementation Plan Section 21.30A.040 (Determination of Public Access/Recreation Impacts) requires that the provision of public access bear a reasonable relationship between the requirement and the project’s impact and be proportional to the impact. In this case, the project includes the replacement of an existing single-family residence with a new single-family residence. The project does not involve a change in land use, density or intensity that will result in increased demand on public access and recreation opportunities. 2. The project is designed and sited so as not to block or impede existing public access opportunities and occurs within the confines of private property. Existing coastal access conditions will not be affected by the proposed development. Coastal access is currently provided and will continue to be provided by street ends throughout the neighborhood with access to the beach and water. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this Project is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2019-058, 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 11 Zoning Administrator Resolution No. ZA2020-### Page 5 of 9 Implementation Plan, of the Newport Beach Municipal Code. Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 of the City’s certified LCP and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. PASSED, APPROVED, AND ADOPTED THIS 16th DAY OF JANUARY, 2020. ______________________________ James Campbell, Zoning Administrator 12 Zoning Administrator Resolution No. ZA2020-### Page 6 of 9 EXHIBIT “A” CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 3. Coastal Development Permit No. CD2019-058 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 the issuance of building permit, an agreement in a form approved by the City Attorney between the property owner and the City shall be executed and recorded waiving rights to the construction of future shoreline protection devices to address the threat of damage or destruction from waves, erosion, storm conditions, landslides, seismic activity, bluff retreat, sea level rise, or other natural hazards that may affect the property, or development of the property, today or in the future. The agreement shall be binding against the property owners and successors and assigns. 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. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 8. 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. 13 Zoning Administrator Resolution No. ZA2020-### Page 7 of 9 9. This Coastal Development Permit may be modified or revoked by the Zoning Administrator if determined should they determine 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. 10. Prior to the 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. 11. 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 either the current business owner, property owner or the leasing agent. 12. 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, wetland or their buffers. 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. This Coastal Development Permit does not authorize any development seaward of the private property. 15. Construction staging, storage and/or access is not allowed to occur on or from the adjacent sandy beach. 16. 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. 14 Zoning Administrator Resolution No. ZA2020-### Page 8 of 9 17. 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. 18. Prior to the issuance of building permits, the applicant shall submit a final Construction Pollution Prevention Plan (CPPP). The plan shall be subject to the review and approval by the Building Division. 19. 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. 20. 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. 21. Prior to issuance of a building permit, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the coastal development permit file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this coastal development permit. 22. Prior to 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 issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 25. 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 as far away from storm drain systems or receiving waters as possible. 26. 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. Stockpiles 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 Zoning Administrator Resolution No. ZA2020-### Page 9 of 9 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 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 Moore Residence including, but not limited to Coastal Development Permit No. CD2019-058 (PA2019-230). 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. 16 Attachment No. ZA 2 Vicinity Map 17 VICINITY MAP Coastal Development Permit No. CD2019-058 PA2019-230 732 Via Lido Nord Subject Property 18 Attachment No. ZA 3 Project Plans 19 20 21 22 23 24 25 26 27 28 29 30 ȭLOT 44POR. LOT 45TRACT NO. 907M.M. 28/25-36LOT 43ȭPOR. LOT 45 LOT 46%$6,62)%($5,1*6%(1&+0$5.,1)250$7,21%(1&+0$5.121%'(6&5,%('%<2&6)281'?2&6$/80,180%(1&+0$5.',6.67$03('1%6(7,17+(1257+:(67&251(52)$)7%<)7&21&5(7(&$7&+%$6,102180(17,6/2&$7(',17+(6287+:(67&251(52)7+(,17(56(&7,212)9,$/,'21252$1'9,$.2521)7:(67(5/<2)7+(&(17(5/,1(2)9,$.2521$1')76287+(5/<2)7+(&(17(5/,1(2)9,$/,'2125202180(17,66(7/(9(/:,7+7+(6,'(:$/.(/(9$7,21)((71$9'<($5/(9(/('7+(%$6,62)%($5,1*66+2:1+(5(21$5(%$6('217+(&(17(5/,1(2)9,$/,'2125'+$9,1*$%($5,1*2)1 :3(575$&71200VICINITY MAPGRAPHIC SCALE/(*$/'(6&5,37,215($/3523(57<,17+(&,7<2)1(:3257%($&+&2817<2)25$1*(67$7(2)&$/,)251,$'(6&5,%('$6)2//2:6/27$1'7+(6287+($67(5/<21(+$/)2)/272)75$&712,17+(&,7<2)1(:3257%($&+&2817<2)25$1*(67$7(2)&$/,)251,$$63(50$35(&25'(',1%22.3$*(6722)0,6&(//$1(2860$36,17+(2)),&(2)7+(&2817<5(&25'(52)6$,'&2817<3$8/'&5$)73/6'$7(127(6(&7,212)7+(&$/,)251,$%86,1(66$1'352)(66,216&2'(67$7(67+$77+(86(2)7+(:25'&(57,)<25&(57,),&$7,21%<$/,&(16('/$1'6859(<25,17+(35$&7,&(2)/$1'6859(<,1*257+(35(3$5$7,212)0$363/$765(32576'(6&5,37,2162527+(56859(<,1*'2&80(17621/<&2167,787(6$1(;35(66,212)352)(66,21$/23,1,215(*$5',1*7+26()$&7625),1',1*6:+,&+$5(7+(68%-(&72)7+(&(57,),&$7,21$1''2(6127&2167,787($:$55$17<25*8$5$17(((,7+(5(;35(66('25,03/,('/,&(16(5(1(:$/'$7(352)(66,21$//$1'68 5 9 (<25 3$8/'20,1,&.&5 $)7 7,7/(5(3257($6(0(17127(68+#.+&1014&0'92146$'#%*%# #20ÄÄ7,7/(5(32573529,'('%<:)*1$7,21$/7,7/(&203$1<25'(512'$7('$62)-$18$5<,7(0)227($6(0(17)2538%/,&87,/,7<385326(6'(',&$7('727+(&,7<2)1(:3257%($&+3(575$&71200($6(0(17$))(&7668%-(&73523(57<$1',63/277('+(5(21&21&5(7(685)$&(6121)4#2*+%/#28+#.+&1014&0'92146$'#%*%##20ÄÄ/(*(1'(;,67,1*(/(9$7,21$& $63+$/73$9(0(177(0325$5<%(1&+0$5.7%0:$7(50(7(5:0%/2&.:$///&&(17(5/,1((*('*(2)*877(5*0 *$60(7(5)6)/),1,6+('685)$&()/2:/,1(6(721$:$7(50(7(5:0HUNTINGTON BEACH, CALIFORNIA 92646PHONE:(714)488-5006 FAX:(714)333-4440 APEXLSINC@GMAIL.COM(/(9$7,21 7232)'2&.7'))*),1,6+)/225*$5$*(6($5&+(')281'127+,1*6(7127+,1*6859(<2525(1*,1((56+$//3(50$1(17/<02180(173523(57<&251(56252))6(76%()25(67$57,1**5$',1*3/($6(&$//3$8/&5$)7#726&+('8/(6859(<25 6127(660+ 6(:(50$1+2/(7232)&85%7&))),1,6+)/225(0+(/(&75,&$/0$1+2/(1* 1$785$/*5281'7(/(3+21(0$1+2/(70+7232):$//7::$7(5%5,&.685)$&(.+0'&#6#$'#4+0).+0' &+56#0%'09. :22'685)$&($'$5($'5$,1%;%277202)'5,9(:$<;%%4 %$5%(48(6&2 6(:(5&/($12877232)'5,9(:$<;7;31 32 33 From:Schuller, Liane To:Lee, Amanda Subject:Additional Materials - Item #4 Date:Thursday, January 16, 2020 12:47:22 PM From: Jim Mosher <jimmosher@yahoo.com> Sent: Thursday, January 16, 2020 12:40 PM To: Campbell, Jim <JCampbell@newportbeachca.gov> Cc: Schuller, Liane <lschuller@newportbeachca.gov> Subject: [EXTERNAL]Comments on ZA Item 3 -- Moore Residence (PA2019-230) [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. 1. The amount of expected sea level rise cited from the Coastal Hazards Analysis Report referred to in Fact A.3 on handwritten page 9 ("between 2.8 and 4.95 feet") is different from that cited in connection with the previous agenda item ("between 3.2 and 5.1 feet"). It is not clear to me if this is due to the difference in site (bay vs. ocean- facing) or to a difference in expert opinions or to one report being more current than the other. 2. Although the public trust lands of Newport Harbor may not be officially designated as a "public view area," it seems odd to suggest a property directly facing a harbor heavily visited by the California public "is not located near any identified public viewpoints" (Fact A.10, handwritten page 11). 3. The "East Elevation" on handwritten page 25 shows what looks like a substantial amount of glass facing the water. It would be good to add a condition of approval requiring the glass to be treated to minimize bird strikes. 4. Although apparently not the subject of the present hearing, this property connects to a substantial amount of private development over the adjacent public trust lands (see handwritten page 31). This includes floats which appear intended more as an extension of the yard and living space than to serve any clear boating-related function. In my view, they unnecessarily reduce public access. -- Jim Mosher Zoning Administrator - January 16, 2020 Item No. 4a Additional Materials Received After Deadline Moore Residence CDP (PA2019-230)