HomeMy WebLinkAbout02_2038 East Ocean Front Addition CDP_PA2022-056CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
July 14, 2022
Agenda Item No. 2
SUBJECT: 2038 East Ocean Front Residence (PA2022-056)
Coastal Development Permit No. CD2022-018
SITE LOCATION: 2038 East Ocean Front
APPLICANT: Mark Becker
OWNER: Bill Vuyusteke
PLANNER: Melinda Whelan, Assistant Planner
949-644-3221 mwhelan@newportbeachca.gov
LAND USE AND ZONING
General Plan Land Use Plan Category: RS-D (Single Unit Residential Detached)
Zoning District: R-1 (Single-Unit Residential)
Coastal Land Use Plan Category: RSD-C (Single Unit Residential Detached (10.0-
19.9 DU/AC))
Coastal Zoning District: R-1 (Single-Unit Residential)
PROJECT SUMMARY
The applicant requests a coastal development permit (CDP) to allow an approximately
363-square-foot addition to an existing two-story 2,072-square-foot single-family
residence with an attached two-car garage. The proposed 363-square foot addition would
increase the gross floor area of the existing residence by at least 10 percent, therefore, a
CDP is required. The new total floor area would be approximately 2,435 square feet with
no change to the existing two-car garage. The proposed design complies with all
development standards and no deviations are requested. All proposed improvements will
be made 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 15301 under Class 1 (Existing Facilities) 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. CD2022-018 (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-
Use Plan, General Plan, and Zoning Code. The proposed addition of 363 square feet
would increase the existing floor area of the residence by at least 10 percent, which
requires the approval of a coastal development permit. The property is not eligible for
a Waiver for De Minimis Development because the property is located in the Appeal
Area.
The property currently consists of one legal lot developed with a single-family
residence pursuant to Coastal Development Permit No. CD2017-046 (PA2017-103).
The neighborhood is predominantly developed with two- and three-story, single-
family residences. The 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 existing single-family development and proposed addition 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 (ocean front) 10 feet 10 feet (no change)
Sides 3 feet 3 feet (no change)
Rear 0 feet 0 feet (no change)
Allowable Floor Area
(max.)
4,760 sq. ft. 2,434.5 sq. ft.
(2,072 sq. ft. existing
+ 362.5 sq. ft. addition)
Allowable 3rd Floor Area
(max.)
357 sq. ft. 0 sq. ft. (no change)
Open Space (min.) 357 sq. ft. 884 sq. ft.
Parking (min.) 2-car garage 2-car garage (no change)
Height (max.) 24 feet flat roof
29 feet sloped roof
24-feet flat roof
29-feet sloped roof (no
change)
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Hazards
The subject property fronts the Pacific Ocean, but is separated from the shoreline by
a wide sandy beach. The project site is not protected by a bulkhead and is
approximately 450 feet from the current mean high tide line.
A Coastal Hazards Report and Sea Level Rise Analysis was prepared by GeoSoils,
Inc., dated March 9, 2022, for the project. The report concludes that the proposed
project is reasonably safe from shoreline erosion due to the lack of waves or wakes
that can erode sand from the beach. The report also concludes that the project will
be reasonably safe from future sea-level rise assuming an increase up to 10.9 feet
NAVD88 (the likely range for sea-level rise over the 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 finished floor
elevation of the existing single-family residence is 18.62 feet (NAVD88), and the
proposed addition will have a finished floor elevation that ranges from 13.75 feet
NAVD88 (garage level) to 18.62 feet NAVD88 (first-floor level), which exceeds the
elevation standard for new structures and the minimum requirements for sea-level
rise. Furthermore, the report concluded that due to the distance of the property from
the current mean high tide line (approximately 450 feet) that it is unlikely that the
mean high tide line will reach the property within the next 75 years.
The proposed addition is towards the rear of the property adjacent to the alley. The
addition encloses the existing carport to create bike storage with 13.75 feet
(NAVD88) finished floor. The existing carport is surplus and is not required parking.
The project also includes an addition on the upper level for a new bedroom and
bathroom.
Pursuant to Newport Beach Municipal Code (NBMC) Section 21.30.030(C)(3)(i)(iv)
(Development Standards - Protective Structures), the prior Coastal Development
Permit No. CD2017-046 (PA2017-103) that authorized construction of the new
single-family residence required the property owner 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 was also 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 - Development Standards). Both
agreements were recorded on the property prior to the issuance of building permits
for the construction of the existing single-family dwelling.
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
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specifically addressing liquefaction are required to be reviewed and approved prior
to the issuance of building permits. Permit issuance is also contingent on the
inclusion of design mitigation identified in the investigations. Construction plans are
reviewed for compliance with approved investigations and CBC prior to building
permit issuance.
Water Quality
The project design addresses water quality with a construction erosion control plan
and a post-construction drainage system that includes drainage and percolation
features designed to retain dry weather 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
proportional to the impact. In this case, the project is a 363-square foot addition to an
existing single-family residence located on a standard R-1 lot. Therefore, the project
does not involve a change in land use, density, or intensity that will result in increased
demand for public access and recreation opportunities. The existing development
with the proposed addition is well under the maximum allowed square footage.
Furthermore, the project is designed and sited (appropriate height, setbacks, etc.) so
as not to block or impede existing public access opportunities.
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 closest public
viewpoint is located approximately 1,000 feet to the east at West Jetty Park. The
proposed residence is not located near Coastal View Roads, as designated in the
Coastal Land Use Plan. Due to the distance of the proposed development from the
will not impact coastal views.
Vertical access to the beach is available approximately 300 feet from the property at
t the
Lateral access is available along the wide beach in front of
the site. The project does not include any features that would obstruct access along
these routes.
The front and side of the proposed residence are visible from the public beach. The
existing development includes substantial architectural treatment and visual interest,
in-keeping with the design guidelines of the Zoning Code. The existing front of the
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dwelling facing the East Ocean Front public beach provides additional massing off-
sets with open areas and patios on the first and second floors exceeding the
minimum required front yard setback. Secondly, the addition is at the rear of the
development towards the alley, below the heights of the existing dwelling, and not
visible from the East Ocean Front public beach. Lastly, the existing dwelling with the
proposed addition includes modulation of volume throughout the structure
substantial open space areas and a proposed floor area that is approximately 51
percent of the maximum allowed for the Zoning District. Therefore, the project does
not have the potential to degrade the visual quality of the Coastal Zone or result in
significant adverse impacts on existing public views.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) 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. The Class 1 exemption includes additions of less
than 50 percent to the existing development. The proposed addition includes
approximately 363 square feet to the existing single-family development, which is
approximately a 17 percent increase of the existing floor area. Therefore, the proposed
project complies with the Class 1 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.
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
[LCP] Implementation Plan) of the Newport Beach Municipal Code. The 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. For additional information on filing an appeal, contact the Planning Division at
949-644-3200.
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Prepared by:
LAW/msw
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Plans
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Attachment No. ZA 1
Draft Resolution
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10-18-2021
RESOLUTION NO. ZA2022-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2022-018 TO ALLOW AN
APPROXIMATELY 363-SQUARE-FOOT ADDITION TO AN
EXISTING TWO (2)-STORY, 2,072-SQUARE-FOOT SINGLE
FAMILY RESIDENCE WITH AN ATTACHED TWO (2)-CAR
GARAGE LOCATED AT 2038 EAST OCEAN FRONT (PA2022-
056)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Mark Becker, with respect to property located at 2038 East
Ocean Front, requesting approval of a coastal development permit.
2. The lot at 2038 East Ocean Front is legally described as Lot 10 in Block D, in Tract
00518.
3. The applicant proposes a coastal development permit (CDP) to allow an approximately
363-square-foot addition to an existing two (2)-story 2,072-square-foot single-family
residence with an attached two (2)-car garage. The CDP is required since the proposed
addition is at least 10 percent of the existing gross floor area. The new total floor area
would be approximately 2,435 square feet with no change to the existing two (2)-car
garage. The proposed design complies with all development standards and no deviations
are requested. All proposed improvements will be made within the confines of the private
property.
4. The subject property is designated Single Unit Residential Detached (RS-D) by the
General Plan Land Use Element and is located within the Single-Unit Residential (R-1)
Zoning District Zoning District.
5. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Single Unit Residential Detached (RSD-C) (10.0-19.9 DU/AC) and it is located
within the Single-Unit Residential (R-1) Coastal Zoning District.
6. A public hearing was held on July 14, 2022, online via Zoom. A notice of the time, place,
and purpose of the hearing was given in accordance with the Newport Beach Municipal
Code (NBMC). 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 15301, Division 6, Chapter 3, Guidelines for Implementation of the
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California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities) because
it has no potential to have a significant effect on the environment.
2. The Class 1 exemption includes additions of less than 50 percent to the existing
development. The proposed addition includes approximately 363 square feet to the
existing single-family development, which is approximately a 17 percent increase of the
existing floor area. Therefore, the proposed project complies with the Class 1 exemption.
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 4,760 square feet and the proposed floor area
is 2,435 square feet.
b. The proposed development provides the minimum required setbacks, which are
10.0 feet along the oceanfront, 3.00 feet along each side property line, and 0.00
feet along the rear property line abutting the alley.
c. The highest guardrail is less than 24.0 feet from the established grade and the
highest ridge is no more than 29.0 feet from the established grade, which complies
with the maximum height requirements.
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)- and three (3)-story, single-
family residences. The proposed design, bulk, and scale of the development are
consistent with the existing neighborhood pattern of development.
3. The proposed addition is towards the rear of the property adjacent to the alley. The addition
encloses the existing carport to create bike storage with 13.75 feet (NAVD88) finished floor.
The existing carport is surplus and is not required parking. The project also includes an
addition on the upper level for a new bedroom and bathroom.
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4. The finished floor elevation of the existing single-family residence is 18.62 feet
(NAVD88), which complies with the minimum 9.00 feet (NAVD88) elevation standard.
The proposed addition will have a finished floor elevation that ranges from 13.75 feet
NAVD88 (garage level) to 18.62 feet NAVD88 (first-floor level).
5. A Coastal Hazards Report and Sea Level Rise Analysis were prepared by GeoSoils,
Inc., dated March 9, 2022, for the project. The report concludes that the proposed project
is reasonably safe from shoreline erosion due to the lack of waves or wakes that can
erode sand from the beach. The report also concludes that the project will be reasonably
safe from future sea-level rise assuming an increase up to 10.9 feet NAVD88 (the likely
range for sea-level rise over the 75-year design life of the structure based on risk low-
risk aversion estimates for sea-level rise provided by the State of California, Sea Level
Rise Guidance: 2018 Update). The finished floor elevation of the first floor of the existing
structure is 18.62 feet based on the North American Vertical Datum of 1988 (NAVD88),
which complies with the minimum 9.0-foot (NAVD88) elevation standard for new
structures and exceeds the minimum requirements for sea-level rise (10.9 feet
NAVD88). The addition on the garage level of the existing development is proposed with
a finished floor elevation of 13.75 feet (NAVD88). Furthermore, the report concluded
that due to the distance of the property from the current mean high tide line
(approximately 450 feet), it is unlikely that the mean high tide line will reach the property
within the next 75 years.
6. The property is located in an area known for seismic activity and liquefaction potential. All
projects are required to comply with the California Building Code (CBC) and Building
Division standards and policies. Geotechnical investigations specifically addressing
liquefaction are required to be reviewed and approved prior to the issuance of building
permits. Permit issuance is also contingent on the inclusion of design mitigation identified
in the investigations. Construction plans are reviewed for compliance with approved
investigations and CBC prior to building permit issuance.
7. The property is located approximately 450 feet from coastal waters. The 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
.
8. Landscaping complies with Implementation Plan Section 21.30.075 (Landscaping). A
condition of approval is included that requires drought-tolerant species. Prior to the
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 closest public viewpoint
is located approximately 1,000 feet to the east at West Jetty Park. The proposed residence
is not located near Coastal View Roads, as designated in the Coastal Land Use Plan. Due
compliance with height and setbacks, the project will not impact coastal views.
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10. The front and side of the proposed residence are visible from the public beach. The
existing development includes substantial architectural treatment and visual interest, in
keeping with the design guidelines of the Zoning Code. The existing front of the dwelling
facing the East Ocean Front public beach provides additional massing off-sets with open
areas and patios on the first and second floors exceeding the minimum required front
yard setback. Secondly, the addition is at the rear of the development towards the alley,
below the heights of the existing dwelling, and not visible from the East Ocean Front
public beach. Lastly, the existing dwelling with the proposed addition includes
modulation of volume throughout the structure substantial open space areas and a
proposed floor area that is approximately 51 percent of the maximum allowed for the
Zoning District. Therefore, the project does not have the potential to degrade the visual
quality of the Coastal Zone or result in significant adverse impacts on existing public
views.
Finding:
B. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone.
Fact in Support of Finding:
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
between the requirement and the and be proportional to the impact. In this
case, the project is a 363-square-foot addition to an existing single-family residence
located on a standard R-1 lot. Therefore, the project does not involve a change in land use,
density, or intensity that will result in increased demand for public access and recreation
opportunities. The existing development with the proposed addition is well under the
maximum allowed square footage. Furthermore, the project is designed and sited
(appropriate height, setbacks, etc.) so as not to block or impede existing public access
opportunities.
1. Vertical access to the beach is available approximately 300 feet from the property at the
Street. Lateral access is available along the wide beach in front of the site. The project
does not include any features that would obstruct access along these routes.
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 15301 under Class 1 (Existing Facilities) 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.
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2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2022-018, subject to the
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 Program (LCP) Implementation Plan, of the Newport Beach Municipal Code.
The final action taken by the City may be appealed to the Coastal Commission in
comp
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 JULY, 2022.
_____________________________________
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. This approval does not authorize any new or existing improvements (including
landscaping) on California Coastal Permit Jurisdiction, State tidelands, public beaches,
or the public right-of-way. Any improvements located on tidelands, submerged lands,
and/or lands that may be subject to the public trust shall require a coastal development
permit (CDP) approved by the California Coastal Commission (Coastal Commission).
Prior to the issuance of building permits, the applicant shall provide a copy of said
coastal development permit or CDP waiver or documentation from the Coastal
Commission those subject improvements are not subject to the permit requirements of
the Coastal Act and/or not located within the permit jurisdiction of the Coastal
Commission.
3. No demolition or construction materials, equipment debris, or waste, shall be placed or
stored in a location that would enter the sensitive habitat, receiving waters, or storm
drains or results 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.
4. This Coastal Development Permit does not authorize any development seaward of the
private property.
5. 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 of nesting birds, and to
determine when it is safe to commence construction activities. If an active nest is found,
one (1) or two (2) short follow-up surveys will be necessary to check on the nest and
determine when the nest is no longer active.
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6. 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.
7. 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.
8. 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.
9. Trash and debris shall be disposed of in proper trash and recycling receptacles at the
end of each construction day. Solid waste, including excess concrete, shall be disposed
of in adequate disposal facilities at a legal disposal site or recycled at a recycling facility.
10. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
11. The project is subject to all applicable City ordinances, policies, and standards unless
specifically waived or modified by the conditions of approval.
12. The applicant shall comply with all federal, state, and local laws. The violation of any of
those laws in connection with the use may be cause for the revocation of this Coastal
Development Permit.
13. 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 are detrimental to the public health, welfare or materially
injurious to property or improvements in the vicinity or if the property is operated or
maintained to constitute a public nuisance.
14. Prior to the issuance of building permits, the applicant shall submit a final construction
erosion control plan. The plan shall be subject to review and approval by the Building
Division.
15. Prior to the issuance of building permits, the applicant shall submit a final drainage and
grading plan. The plan shall be subject to review and approval by the Building Division.
16. Prior to issuance of a building permit, a copy of the Resolution, including conditions of
plans.
17. Prior to the issuance of a building permit, the applicant shall submit a final landscape
and irrigation plan. These plans shall incorporate drought-tolerant plantings, non-
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invasive plant species, and water-efficient irrigation design. The plans shall be approved
by the Planning Division.
18. 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.
19. Construction activities shall comply with Section 10.28.040 (Construction Activity
Noise Regulations) of the Newport Beach Municipal Code, which restricts hours of
noise-generating construction activities that produce noise between the hours of 7:00
a.m. and 6:30 p.m., Monday through Friday. Noise-generating construction activities are
not allowed on Saturdays, Sundays, or Holidays.
20. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements of the Newport Beach Municipal
Code. The maximum noise shall be limited to no more than depicted below for the
specified time periods unless the ambient noise level is higher:
Between the hours of 7:00 AM
and 10:00 PM
Between the hours of 10:00
PM and 7:00 AM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within
100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
21. Prior to the issuance of the building permit, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
22. 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.
23. This Coastal Development Permit No. CD2022-018 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.
24. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold
harmless the City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any claims, demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and
expenses (, and court costs) of
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every kind and nature whatsoever which may arise from or in any manner relate (directly
2038 East Ocean Front Residence including, but not
limited to, Coastal Development Permit No. CD2022-018 (PA2022-056). 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 the applicant, City,
and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the
City for all of the City's costs, attorneys' fees, and damages, which the 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. CD2022-018
(PA2022-056)
2038 East Ocean Front
Subject Property
Subject Property
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Attachment No. ZA 3
Plans
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OCEANFRONTALLEY25
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