HomeMy WebLinkAbout04_Chen Residence CDP_PA2022-042
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
August 25, 2022
Agenda Item No. 4
SUBJECT: Chen Residence (PA2022-042)
Coastal Development Permit No. CD2022-013
SITE LOCATION: 1424 Galaxy Drive
APPLICANT: Phil Nielsen
OWNER: Eddie Chen
PLANNER: Chelsea Crager, Associate Planner
949-644-3227, ccrager@newportbeachca.gov
LAND USE AND ZONING
General Plan Land Use Plan Category: RS-D (Single Unit Residential Detached)
Zoning District: R-1-6000 (Single-Unit Residential)
Coastal Land Use Plan Category: RSD-A (Single Unit Residential Detached 0.0-
5.9 DU/AC)
Coastal Zoning District: R-1-6000 (Single-Unit Residential)
PROJECT SUMMARY
A coastal development permit to allow the demolition of an existing single-family residence
and the construction of a new 4,242-square-foot residence and attached 702-square-foot,
three-car garage. The project also includes the construction of landscaping, hardscaping,
drainage, and site walls. The design complies with all applicable development standards
and 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, California Code of Regulations, Title 14, Division
6, Chapter 3, because it has no potential to have a significant effect on the
environment and the exceptions to this exemption do not apply; and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development
Permit No.CD2022-013 (Attachment No. ZA 1).
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Zoning Administrator, August 25, 2022
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DISCUSSION
Land Use and Development Standards
The subject property is located in the R-1-6000 Coastal Zoning District, which
provides for single-
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.
The property currently consists of one legal lot developed with a single-family
residence. The neighborhood is predominantly developed with single-story, single-
family residences. The proposed design, bulk, and scale of the development are
consistent with the existing neighborhood pattern of development and expected
future development consistent with applicable development standards.
The proposed single-family dwelling and accessory structures conform to all
applicable development standards, including floor area limit, setbacks, height, and
off-street parking as evidenced by the project plans and illustrated in Table 1 below.
Table 1 Development Standards
Development Standard Standard Proposed
Setbacks (min.)
Front (Upper Newport Bay) 20 feet 25 feet
Sides 6 feet 6 feet
Rear (Galaxy Drive) 6 feet 6 feet
Bluff Setbacks (min.)
Development Area A 25 feet from the bluff
edge
25 feet from the bluff edge,
principal structures
Development Area B 10 feet from the bluff
edge
10 feet from the bluff edge,
accessory structures
Development Area C All portions of the lot not
located in Area A or
Area B
All portions of the lot not
located in Area A or Area B;
no structures proposed
Maximum Allowable Site
Coverage
60% (5,468 square feet) 60% (5,464 square feet)
Parking (min.) 3-car garage 3-car garage
Height (max.) 24-foot flat roof
29-foot sloped roof
14-foot flat roof
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Hazards
The property is located within the Bluff Overlay District of the Local Coastal Program
Implementation Plan, which establishes special development standards for identified
bluff areas of the City. Pursuant to the Bluff Overlay Map B-9D (Upper Newport Bay
Bluffs), the property is located on a bluff subject to marine erosion. Consistent with
the Bluff Overlay standards, the proposed principal dwelling and major accessory
structures (including swimming pool) are located within Development Area A and
setback, at a minimum, of 25 feet from the bluff edge. Minor accessory structures are
proposed within Development Area B and setback, at a minimum, of 10 feet back
from the bluff edge. No new accessory structures are proposed within Development
Area C.
There is an existing nonconforming retaining wall at the rear of the property, within
Development Area C at the bluff edge. The retaining wall is nonconforming due to its
location in Development Area C, where no development is allowed. The retaining
wall was constructed in 1978 as a result of a landslide at the property. A retaining
wall conditions report was prepared by PMA Consulting, Inc. dated May 17, 2022,
for the project. The report concludes that the existing retaining wall is in good
condition and will not require repair or replacement over the next 75 years (i.e., the
life of the structure).
The lot was previously graded to provide a relatively level building pad for the
construction of the original home. The pad sits approximately 106 feet above mean
sea level, adjacent to a bluff that descends to Upper Newport Bay. A Geotechnical
Investigation, dated July 9, 2021, was prepared by R McCarthy Consulting, Inc., for
the project and found that the proposed grading and construction will not adversely
affect the geologic stability of the existing bluff or adjoining properties or structures,
provided construction is performed in accordance with report recommendations and
sound construction techniques. The report found that the geologic conditions of the
site are favorable with respect to the gross stability of the bluff that descends from
the subject property to the bay. The report concludes that proper drainage design
is of critical importance to the stability of the slope and shall be designed by a
Licensed Civil Engineer.
The property is located in an area known for the potential for seismic activity. 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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Zoning Administrator, August 25, 2022
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Pursuant to Newport Beach Municipal Code (NBMC) Section 21.30.030(C)(3)(i)(iv)
(Development Standards. - Protective Structures), the property owner will be
required to agree 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 Waiver
of Future Protection is included as a condition of approval that will need to be satisfied
prior to the final building inspection.
The property owner will also be required to acknowledge any hazards present at the
site and unconditionally waive any claim to damage or liability against the decision
authority, consistent with NBMC Section 21.30.015(D)(3)(c) (Waterfront
Development Standards). The Acknowledgement of Coastal Hazards is included as
a condition of approval that will need to be satisfied prior to the issuance of building
permits.
Water Quality
Pursuant to NBMC Section 21.35.050 (Water Quality and Hydrology Plan), due to
the proximity of the development to the water and the development containing
more than 75 percent of impervious surface area, a Water Quality and Hydrology
Plan (WQHP) is required. A WQMP prepared by JT Consulting Engineers, dated
January 27, 2022, r
Geologist. The WQHP includes a polluted runoff and hydrologic site characterization,
a sizing standard for best management practices (BMPs), use of low impact
development and treatment control approaches to retain the design storm runoff
volume on-site, and documentation of the expected effectiveness of the proposed
best management practices BMPs.
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 replaces an existing single-family
residence located on a standard R-1-6000 lot with a new single-family residence.
Therefore, the project does not involve a change in land use, density, or intensity that
will result in increased demand for public access and recreation opportunities.
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Furthermore, the project is designed and sited (appropriate height, setbacks, etc.) so
as not to block or impede existing public access opportunities.
Vertical access to the bay and beach is available at North Star Beach approximately
1,500 feet south of the project site. The project does not include any features that
would obstruct access along these routes.
The project site is located approximately 90 feet north of Galaxy View Park, a
designated public viewpoint as identified in the Coastal Land Use Plan. The viewpoint
primarily offers public views to the east and southeast of Upper Newport Bay. The
project will replace an existing single-family home with a new single-family home.
Furthermore, the proposed residence is single-story with a maximum height of 14
feet above the existing grade. The overall structure height is approximately 10 feet
lower than the allowable height for flat roofs in the R-1-6000 coastal zoning district
and approximately 15 feet lower than the allowable height for sloped roofs in the R-
1-6000 coastal zoning district. The single-story height ensures that the residence will
be no more visible from Upper Newport Bay than the surrounding neighborhood and
will not degrade the visual quality of the Coastal Zone or result in significant adverse
impacts to public views.
ENVIRONMENTAL REVIEW
The project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of
the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3
because it has no potential to have a significant effect on the environment.
Class 3 exempts the demolition of up to three single-family residences and additions of
up to 10,000 square feet to existing structures. The proposed project consists of the
demolition of one single-family residence and the construction of a new 4,944-gross-
square-foot residence, including an attached 702-square-foot three-car garage. 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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PUBLIC NOTICE
Notice of this public hearing was published in the OC Register, 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.
Prepared by:
MKN/cc
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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10-18-2021
RESOLUTION NO. ZA2022-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING, COASTAL
DEVELOPMENT PERMIT NO. CD2022-013 TO DEMOLISH AN
EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A
NEW SINGLE-STORY SINGLE-FAMILY RESIDENCE AND
ATTACHED THREE (3)-CAR GARAGE LOCATED AT 1424
GALAXY DRIVE (PA2022-042)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Phil Nielsen (Applicant), with respect to property located at
1424 Galaxy Drive, and legally described as Lot 78 of Tract 4224 requesting approval of
a coastal development permit.
2. The applicant proposes the demolition of an existing single-family residence and the
construction of a new 4,242-square-foot residence and attached 702-square-foot, three
(3)-car garage. The project also includes landscaping, hardscaping, drainage, and site
walls. The design complies with all applicable development standards and no deviations
are requested.
3. The subject property is designated RS-D (Single Unit Residential Detached) by the
General Plan Land Use Element and is located within the R-1-6000 (Single-Unit
Residential) Zoning District.
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is RSD-A (Single Unit Residential Detached 0.0 5.9 DU/AC) and it is located
within the R-1-6000 (Single-Unit Residential) Coastal Zone District.
5. A public hearing was held on August 25, 2022, online via Zoom. A notice of 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 15303,Division 6, Chapter 3, Guidelines for Implementation of the
California Environmental Quality Act (CEQA) under Class 3 (New Construction or
Conversion of Small Structures), California Code of Regulations because it has no
potential to have a significant effect on the environment.
2. Class 3 exempts the demolition of up to three (3) single-family residences and additions
of up to 10,000 square feet to existing structures. The proposed project consists of the
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demolition of one (1) single-family residence and the construction of a 4,242square-foot
residence and an attached 702-square-foot, three (3)-car garage.
3. The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 21.52.015 (Coastal Development Permits, Findings, and Decision)
of the Newport Beach Municipal Code, the following findings and facts in support of such
findings are set forth:
Finding:
A. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The proposed development complies with applicable residential development standards
including, but not limited to, site coverage, setbacks, height, parking, and Bluff Overlay
standards.
a. Site coverage is limited to 60 percent (5,468 square feet) of the 9,114-square-foot
lot area. The proposed site coverage area is approximately 60 percent (5,464
square feet).
b. The proposed development provides the minimum required setbacks, which are 20
feet along the front bluff-side property line, 6 feet along each side property line, and
6 feet along the rear property line of Galaxy Drive.
c. The highest roof ridge is approximately 14 feet from established grade (106.91 feet
based on the North American Vertical Datum of 1988 [NAVD88]), significantly less
that the 24-foot maximum height limit requirement.
d. The project includes garage parking for a total of three (3) vehicles, complying with
the minimum three (3)-car garage parking requirement for single-family residences
with more than 4,000 square feet of habitable floor area.
e. Pursuant to the Bluff Overlay Map B-9D (Upper Newport Bay Bluffs), the property is
located on a bluff subject to marine erosion. Consistent with the Bluff Overlay
standards, the proposed principal dwelling and major accessory structures (including
a swimming pool) are located within Development Area A and setback, at a minimum,
of 25 feet from the bluff edge. Minor accessory structures are proposed within
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Development Area B and setback, at a minimum, of 10 feet back from the bluff edge.
No accessory structures are proposed within Development Area C.
f. There is an existing nonconforming retaining wall at the rear of the property, within
Development Area C at the bluff edge. The retaining wall is nonconforming due to its
location in Development Area C, where no development is allowed. The retaining wall
was constructed in 1978 as a result of a landslide at the property. A retaining wall
conditions report was prepared by PMA Consulting, Inc. dated May 17, 2022, for the
project. The report concludes that the existing retaining wall is in good condition
and will not require repair or replacement over the next 75 years (i.e. the life of the
structure).
2. The neighborhood is predominantly developed with one (1)-story, single-family
residences. The proposed single-story design, bulk, and scale of the development are
consistent with the existing neighborhood pattern of development and expected future
development.
3. The lot was previously graded to provide a relatively level building pad for the construction
of the original home. The pad sits approximately 106.91 feet above mean sea level,
adjacent to a bluff that descends to Upper Newport Bay. A Geotechnical Investigation
dated July 9, 2021 was prepared by R McCarthy Consulting, Inc., for the project and found
that the proposed grading and construction will not adversely affect the geologic stability
of the existing bluff or adjoining properties or structures, provided construction is performed
with report recommendations and sound construction techniques. The report found that
the geologic conditions of the site are favorable concerning the gross stability of the bluff
that descends from the subject property to the bay. The report concludes that proper
drainage design is of critical importance to the stability of the slope and shall be designed
by a Licensed Civil Engineer.
4. The property is located in an area known for the potential for seismic activity. 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.
5. Pursuant to NBMC Section 21.30.030(C)(3)(i)(iv) (Development Standards. - Protective
Structures), the property owner will be required to agree 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).
This requirement is included as a condition of approval that will need to be satisfied prior
to the final building permit inspection, respectively
6. The property owner will also be required to acknowledge any hazards present at the site
and unconditionally waive any claim to damage or liability against the decision authority,
consistent with NBMC Section 21.30.015(D)(3)(c) (Waterfront Development Standards).
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This requirement is included as a condition of approval that will need to be satisfied prior
to the issuance of building permits, respectively.
7. Pursuant to NBMC Section 21.35.050 (Water Quality and Hydrology Plan), due to the
proximity of the development to the water and the development containing more than
75 percent of impervious surface area, a Water Quality Management Plan (WQMP) is
required. A WQMP prepared by JT Consulting Engineers, dated January 27, 2022, has
polluted runoff and hydrologic site characterization, a sizing standard for best management
practices (BMPs), use of low impact development, and treatment control approaches to
retain the design storm runoff volume on-site, and documentation of the expected
effectiveness of the proposed best management practices BMPs.
8. 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-.
9. Proposed landscaping complies with NBMC Section 21.30.075 (Landscaping).
Condition of Approval No. 20 and 21 are included that require drought-tolerant species.
Prior to the issuance of building permits, the final landscape plans will be reviewed to
verify invasive species are not planted and only temporary irrigation is installed within
10 feet of the bluff edge (Bluff Development Area C).
10. The project site is located approximately 90 feet north of Galaxy View Park, a designated
public viewpoint as identified in the Coastal Land Use Plan. The viewpoint primarily offers
public views to the east and southeast of Upper Newport Bay. The project will replace an
existing single-family home with a new single-family home. Furthermore, the proposed
residence is single-story with a maximum height of 14 feet above the existing grade. The
overall structure height is approximately 10 feet lower than the allowable height for flat
roofs in the R-1-6000 coastal zoning district and approximately 15 feet lower than the
allowable height for sloped roofs in the R-1-6000 coastal zoning district. The single-story
height ensures that the residence will be no more visible from Upper Newport Bay than the
surrounding neighborhood and will not degrade the visual quality of the Coastal Zone or
result in significant adverse impacts on public views.
Finding:
B. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone.
Facts in Support of Finding:
1. The project site is located between the nearest public road and the sea or shoreline.
Implementation Plan Section 21.30A.040 (Determination of Public Access/Recreation
Impacts) requires that the provision of public access bear a reasonable relationship
and be proportional to the impact. In this
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case, the project replaces an existing single-family residence located on a standard R-1-
6000 lot with a new single-family residence. Therefore, the project does not involve a
change in land use, density, or intensity that will result in increased demand for public
access and recreation opportunities. Furthermore, the project is designed and sited
(appropriate height, setbacks, etc.) so as not to block or impede existing public access
opportunities.
2. Vertical access to the bay and beach is available at North Star Beach approximately 1,500
feet south of the project 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
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. 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, and is not a hazardous waste site, and is not identified as a historical resource.
2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No.CD2022-013, subject to the conditions set forth in
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 o
Sections 13111 through 13120, and Section 30603 of the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 25TH DAY OF AUGUST, 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. Prior to the final building permit inspection, an agreement in a form approved by the City
Attorney between the property owner and the City shall be executed and recorded
waiving rights to the construction of future shoreline protection devices 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.
3. Prior to the issuance of a building permit, the property owner shall submit a notarized
signed letter acknowledging all hazards present at the site, assuming the risk of injury
or damage from such hazards, unconditionally waiving any claims of damage against
the City from such hazards, and to indemnify and hold harmless City, its City Council, its
boards and commissions, officials, officers, employees, and agents from and against any
claims, demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs, and expenses (including without limitation,
, and court costs) of every kind and nature whatsoever
roval of
the development.
4. Swimming pools shall be of double wall construction with sub drains between the walls
and leak detection devices or an equivalent method in accordance with Section 21.28.040
(Bluff Overlay District) of the NBMC.
5. The only allowed development within Development Area C is limited to the following:
drainage devices (only if not feasible to be placed elsewhere on the site),
landscaping/temporary irrigation systems, on-grade public trails, on-grade public
stairways, underground utilities (only if not feasible to be placed elsewhere on the site),
or shoreline protective devices in compliance with NBMC Section 21.30.030(C)(3). Any
other improvements shown on the plans shall be removed.
6. 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 a 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.
7. 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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8. 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.
9. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall
be implemented prior to and throughout construction activity as designated in the
Construction Erosion Control Plan.
10. 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.
11. 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.
12. 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.
13. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
14. The project is subject to all applicable City ordinances, policies, and standards unless
specifically waived or modified by the conditions of approval.
15. The applicant shall comply with all federal, state, and local laws. A material violation of
any of those laws in connection with the use may be cause for revocation of this Coastal
Development Permit.
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16. 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.
17. 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.
18. 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.
19. Prior to issuance of a building permit, a copy of the Resolution, including conditions of
hall be incorporated into the Building Division and field sets of
plans.
20. 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-
invasive plant species, and water-efficient irrigation design. The plans shall be approved
by the Planning Division. Only temporary irrigation shall be installed within 10 feet of the
bluff edge (Development Area C).
21. 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.
22. Prior to the issuance of building permits, the final WQHP/WQMP shall be reviewed and
approved by the Building Division. The implementation shall comply with the approved
CPPP and WQHP/WQMP and any changes could require separate review and approval
by the Building Division.
23. Prior to the issuance of a building permit, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
24. 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.
25. This Coastal Development Permit No. CD2022-013 shall expire unless exercised within 24
months from the date of approval as specified in Section 21.54.060 (Time Limits and
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Zoning Administrator Resolution No. ZA2022-###
Page 9 of 9
10-05-2021
Extensions) of the Newport Beach Municipal Code unless an extension is otherwise
granted.
26. 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
, and court costs) of
every kind and nature whatsoever which may arise from or in any manner relate (directly
Chen Residence including, but not limited to, Coastal
Development Permit No. CD2022-013 (PA2022-042). This indemnification shall include,
but not be limited to, damages awarded against the City, if any, costs of suit,
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 outlined 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
17
VICINITY MAP
Coastal Development Permit No. CD2022-013
(PA2022-042)
1424 Galaxy Drive
Subject Property
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Attachment No. ZA 3
Project Plans
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