HomeMy WebLinkAbout03_Gates Residence CDP_PA2022-0222CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
February 16, 2023
Agenda Item No. 3
SUBJECT: Gates Residence (PA2022-0222)
▪Coastal Development Permit
SITE LOCATION: 748 Via Lido Nord
APPLICANT: Elizabeth Hanna, Brandon Architects
OWNER: Jim and Angela Gates
PLANNER: Liane Schuller
949-644-3200 - lschuller@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
A Coastal Development Permit (CDP) to demolish an existing single-family residence and
construct a 3,716-square-foot, 2-story, single-family residence with an attached 556-
square-foot 2-car garage. The project also includes a reinforced bulkhead with a cap for
coastal hazards protection. All work will be performed from the landside of the U.S.
Bulkhead Line and all construction will occur from private property (i.e., the landside). The
project includes landscape, hardscape, and subsurface drainage facilities all within the
confines of private property. The project complies with all development standards and no
deviations from the municipal code 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. The exceptions to the Class 3 exemption do not apply; and
3)Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development
Permit (Attachment No. ZA 1).
1
Gates Residence (PA2022-0222)
Zoning Administrator, February 16, 2023
Page 2
DISCUSSION
Land Use and Development Standards
• The subject property is in the R-1 Coastal Zoning District, which provides for 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 because
the property is on the waterfront and is not located in the categorical exclusion area.
The property is not eligible for a waiver for de minimis development because the
property is located in the Coastal Commission Appeal Area.
• The property currently consists of one legal lot developed with a single-family
residence. The neighborhood is predominantly developed with two-story, single-
family, and two (2) 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 (Channel) 10 feet 13 feet
Sides 3 feet 3 feet to 11.9 feet
Second Frontage (street) 4 feet 4 feet to 7 feet
Allowable Floor Area (max.) 5,167 square feet 4,272 square feet
Open Volume Area (min.) 388 square feet 538 square feet
Parking (min.) 2-car garage 2-car garage
Height (max.) 24-foot flat roof
29-foot sloped roof
24 feet excluding chimneys
Hazards
• A Coastal Hazards Report and Sea Level Rise Analysis was prepared by PMA
Consulting, Inc. dated September 28, 2022, for the project. The maximum bay
water elevation is 7.7 feet NAVD 88 (North American Vertical Datum of 1988
(NAVD 88) and the current top of bulkhead elevation is 11.29 feet (NAVD 88). The
report analyzes future sea level rise scenarios assuming a 3.05-foot increase in
the maximum water level over the next 75 years (i.e., the life of the structure).
Therefore, the sea level is estimated to reach approximately 10.75 feet NAVD 88
(the likely range for sea level rise over the 75-year design life of the structure based
2
Gates Residence (PA2022-0222)
Zoning Administrator, February 16, 2023
Page 3
on low-risk aversion estimates for sea level rise provided by the State of California,
Sea Level Rise Guidance: 2018 Update).
•On March 23, 2021, the City Council approved updated Waterfront Project Design
Guidelines and Standards, Harbor Design Criteria Commercial & Residential
Facilities. The guidelines require that any structure permitted within the years 2021
through 2025 must have a minimum bulkhead elevation of 10.9 feet (NAVD 88)
with a design for adaptability elevation of 14.4 feet (NAVD 88). The project will
raise the bulkhead to an elevation of 12.47 feet (NAVD 88). PMA Consulting, Inc.
has confirmed the bulkhead can be raised up to 14.4 feet (NAVD 88) if needed
and in compliance with the updated guidelines.
•Once the existing seawall/bulkhead is reinforced and raised per the report’s
recommendations, flooding, wave run-up, and erosion will not significantly impact
this property over the proposed 75-year economic life of the development. Flood
shields (sandbags and other barriers) can also be deployed across the openings
to protect and prevent flooding to the structure during extreme high tide or storm
events. The report concludes that the proposed project will be safe from flooding
hazards for the next 75 years with the proposed reinforced/raised bulkhead.
•The finished floor elevation of the proposed single-family residence is 12.47 feet
(NAVD 88), which complies with the minimum 9.00-foot (NAVD 88) elevation
standard. The Coastal Hazard Report concludes that the bay water elevation
(currently 7.7 feet NAVD 88) will not exceed the proposed raised bulkhead
elevation of 12.47 feet (NAVD 88) for the anticipated 75-year life of the structure.
•Under NBMC Section 21.30.030(C)(3)(i)(iv) ) – (Natural Landform and Shoreline
Protection - 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 before 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) ) – (General Site
Planning and Development Standards). The Acknowledgement of Coastal Hazards
is included as a condition of approval that will need to be satisfied before the issuance
of building permits.
•The property is 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 before the
issuance of a building permit. Permit issuance is also contingent on the inclusion of
3
Gates Residence (PA2022-0222)
Zoning Administrator, February 16, 2023
Page 4
design mitigation identified in the investigations. Construction plans are reviewed for
compliance with approved investigations and CBC before building permit issuance.
Water Quality
• Under Municipal Code Section 21.35.050 (Water Quality and Hydrology Plan), due
to the proximity of the development to the shoreline and the development containing
more than 75 percent of impervious surface area, a preliminary Water Quality and
Management Plan (WQMP) is required. A preliminary WQMP has been prepared for
the project by CivilScapes Engineering, Inc., dated September 29, 2022. The WQMP
includes a polluted runoff and hydrologic site characterization, a sizing standard for
BMPs, the use of a LID approach to retain the design storm runoff volume on-site,
and documentation of the expected effectiveness of the proposed BMPs.
Construction plans will be reviewed for compliance with the approved WQMP before
building permit issuance.
• The project design addresses water quality with a construction erosion control plan
and a post-construction drainage system that includes drainage and percolation
features designed to retain dry weather runoff and minor rain event runoff on-site.
Any water not retained on-site is directed to the City’s storm drain system.
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
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 located on a standard R-1 lot with a new single-family residence.
Therefore, the project does not involve a change in land use, density, or intensity that
will result in increased demand 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.
• The project site is not located adjacent to a coastal view road, public access way, or
Coastal Viewpoint as identified in the Coastal Land Use Plan. The nearest coastal
viewpoint is John Wayne Park, approximately 0.5 miles northwest of the project site.
As currently developed, the existing property and other residences along Via Lido
Nord are visible from the channel and within the view shed of the park. However, the
proposed single-family residence complies with all applicable Local Coastal Program
(LCP) development standards and maintains a building envelope consistent with the
existing neighborhood pattern of development. Additionally, the project does not
contain any unique features that could degrade the visual quality of the coastal zone.
4
Gates Residence (PA2022-0222)
Zoning Administrator, February 16, 2023
Page 5
•Vertical and lateral access to the bay exists throughout Lido Isle, with the closest
vertical access point located between 760 and 800 Via Lido Nord approximately 130
feet southeast where there is access to the water and a grassy area for the public.
The project does not include any features that would obstruct access along these
routes.
•The waterfront and street side of the proposed residence, which are visible from the
channel and Via Lido Nord, contain substantial architectural treatment and visual
interest, in keeping with the design guidelines of the Zoning Code. The new structure
would comply with the required setbacks and the design includes modulation of
volume throughout the structure, an increased front setback beyond what is required
by code, and glass railings that prevent the appearance of the site from being walled
off from the surrounding area. 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) under Section
15303 under Class 3 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 3,716-square-
foot single-family residence with an attached 556-square-foot 2-car garage and therefore
qualifies within this exemption.
There are no known exceptions listed in CEQA Guidelines Section 15300.2 that would
invalidate the use of this exemption. 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.
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.
5
Gates Residence (PA2022-0222)
Zoning Administrator, February 16, 2023
Page 6
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 by the provisions of Title 21 (Local Coastal Program [LCP]
Implementation Plan) of the Newport Beach Municipal Code. Final action taken by the City
may be appealed to the Coastal Commission in compliance with Section 21.64.035 (Appeal
to the Coastal Commission) of the City’s certified LCP and Title 14 California Code of
Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. For
additional information on filing an appeal, contact the Planning Division at 949-644-3200.
Prepared by:
MKN/ls
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
6
Attachment No. ZA 1
Draft Resolution
7
01-10-2023
RESOLUTION NO. ZA2023-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, APPROVING A COASTAL
DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING SINGLE-
FAMILY RESIDENCE AND CONSTRUCT A NEW TWO (2)-STORY
SINGLE-FAMILY RESIDENCE AND ATTACHED TWO (2)-CAR
GARAGE LOCATED AT 748 VIA LIDO NORD (PA2022-0222)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.An application was filed by Brandon Architects concerning property located at 748 Via Lido
Nord requesting approval of a coastal development permit. The property is legally
described as Lot 40 of Tract 907.
2.The applicant requests a coastal development permit to demolish an existing single-family
residence and construct a new 3,716-square-foot, two (2)-story, single-family residence
with a 556-square-foot two (2)-car garage. The project also includes a reinforced bulkhead
with a cap for coastal hazard protection. All work will be performed from the landside of the
U.S. Bulkhead Line and all construction will occur from private property (i.e., the landside).
The project also includes additional appurtenances such as site walls, fences, patios,
drainage devices, and landscaping. The design complies with all applicable development
standards, including height, setbacks, and floor area limit; no deviations are requested.
3.The subject property is designated RS-D (Single Unit Residential Detached) by the
General Plan Land Use Element and is located within the R-1 (Single-Unit Residential)
Zoning District.
4.The subject property is located within the coastal zone. The Coastal Land Use Plan
category is RSD-C (Single Unit Residential Detached - (10.0 - 19.9 DU/AC)) and it is
located within the R-1 (Single-Unit Residential) Coastal Zone District.
5.A public hearing was held on February 16, 2023, online via Zoom. A notice of the time,
place, and purpose of the hearing was given by 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) because it has no potential to have a significant effect on
the environment.
8
Zoning Administrator Resolution No. ZA2023-###
Page 2 of 9
01-10-2023
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
demolition of one (1) single-family residence and the construction of a new 3,716-
square-foot single-family dwelling with an attached 556-square-foot two (2)-car garage.
The exceptions to this categorical exemption under Section 15300.2 are not applicable.
SECTION 3. REQUIRED FINDINGS.
By 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 5,167 square feet and the proposed floor area
is 4,272 square feet.
b.The proposed development provides the minimum required setbacks, which are 10
feet along the front property line abutting the waterfront, 3 feet along each side
property line, and 4 feet along the street front property line.
c.The highest two (2)-story roofline is no more than 24 feet from the established
grade level of 11.61 feet based on the North American Vertical Datum of 1988
(“NAVD 88”), which complies with the maximum height limitation.
d.The project includes enclosed garage parking for two (2) vehicles, which complies
with the minimum 2-car parking requirement for single-family residences with less
than 4,000 square feet of habitable floor area.
2.The neighborhood is predominantly developed with two (2)-story, single-family
residences. The proposed design, bulk, and scale of the development are consistent
with the existing neighborhood pattern of development.
3.A Coastal Hazards Report and Sea Level Rise Analysis was prepared by PMA
Consulting, Inc. dated September 28, 2022, for the project. The current maximum bay
water elevation is 7.7 NAVD 88 (North American Vertical Datum of 1988 (NAVD 88) The
current top bulkhead elevation of 11.29 feet (NAVD 88). The report analyzes future sea
level rise scenarios assuming a 3.05-foot increase in the maximum water level over the
next 75 years (i.e., the life of the structure). Therefore, the sea level is estimated to reach
approximately 10.75 feet NAVD 88 (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).
9
Zoning Administrator Resolution No. ZA2023-###
Page 3 of 9
01-10-2023
4.On March 23, 2021, the City Council approved updated Waterfront Project Design
Guidelines and Standards, Harbor Design Criteria Commercial & Residential Facilities.
The guidelines require that any bulkhead structure permitted within the years 2021
through 2025 must have a minimum bulkhead elevation of 10.9 feet (NAVD 88) with a
design for adaptability elevation of 14.4 feet (NAVD 88). The project will raise the
bulkhead to an elevation of 12.47 feet (NAVD 88). PMA Consulting, Inc. has confirmed
the bulkhead can be raised up to 14.4 feet NAVD 88 if needed and in compliance with
the updated guidelines.
5.Once the existing seawall/bulkhead is reinforced and raised per the report’s
recommendations, flooding, wave run-up, and erosion will not significantly impact this
property over the proposed 75-year economic life of the development. Flood shields
(sandbags and other barriers) can also be deployed across the openings to protect and
prevent flooding to the structure during extreme high tide or storm events. The report
concludes that the proposed project will be safe from flooding hazards for the next 75
years with the proposed reinforced/raised bulkhead.
6.The finished floor elevation of the proposed single-family residence is 12.47 feet (NAVD
88), which complies with the minimum 9.00-foot (NAVD 88) elevation standard. The
Coastal Hazard Report concludes that the bay water elevation (currently 7.7 feet NAVD
88) will not exceed the proposed raised bulkhead elevation of 12.47 feet (NAVD 88) for
the anticipated 75-year life of the structure.
7.Under NBMC Section 21.30.030(C)(3)(i)(iv) – (Natural Landform and Shoreline Protection
-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 before the final building permit inspection.
8.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) – (General Site Planning and
Development Standards). This requirement is included as a condition of approval that will
need to be satisfied before the issuance of building permits.
9.The property is 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 before 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 before building permit issuance.
10.The property is located adjacent to coastal waters. A Construction Erosion Control Plan
was provided to implement temporary Best Management Practices (BMPs) during
construction to minimize erosion and sedimentation and to minimize pollution of runoff and
coastal waters derived from construction chemicals and materials. The project design also
10
Zoning Administrator Resolution No. ZA2023-###
Page 4 of 9
01-10-2023
addresses water quality through the inclusion of a post-construction drainage system that
includes drainage and percolation features designed to retain dry weather and minor rain
event runoff on-site. Any water not retained on-site is directed to the City’s storm drain
system.
11.Under 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 Management Plan (WQMP) is
required. A preliminary WQMP has been prepared for the project by CivilScapes
Engineering, Inc., dated September 29, 2022. The WQMP includes a polluted runoff and
hydrologic site characterization, a sizing standard for BMPs, the use of a LID approach to
retain the design storm runoff volume on-site, and documentation of the expected
effectiveness of the proposed BMPs. Construction plans will be reviewed for compliance
with the approved WQMP before building permit issuance.
12.The project site is not located adjacent to a coastal view road, public access way, or
Coastal Viewpoint as identified in the Coastal Land Use Plan. The nearest coastal
viewpoint is John Wayne Park, approximately 0.5 miles northwest of the project site. As
currently developed, the existing property and other residences along Via Lido Nord are
visible from the channel and within the view shed of the park. However, the proposed
single-family residence complies with all applicable Local Coastal Program (LCP)
development standards and maintains a building envelope consistent with the existing
neighborhood pattern of development. Additionally, the project does not contain any
unique features that could degrade the visual quality of the coastal zone.
13.The waterfront and street side of the proposed residence, which are visible from the
channel and Via Lido Nord, contain substantial architectural treatment and visual interest,
in keeping with the design guidelines of the Zoning Code. The new structure would comply
with the required setbacks and the design includes modulation of volume throughout the
structure, an increased front setback beyond what is required by code, and glass railings
that prevent the appearance of the site from being walled off from the surrounding area.
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.
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
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 located on a standard R-1
lot with a new single-family residence. Therefore, the project does not involve a change in
11
Zoning Administrator Resolution No. ZA2023-###
Page 5 of 9
01-10-2023
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 and lateral access to the bay exists throughout Lido Isle, with the closest vertical
access point located at 398 Via Lido Nord approximately 800 yards north where there is
access to the water and a grassy area for the public. 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) because it has
no potential to have a significant effect on the environment and the exceptions to the Class
3 exemption do not apply.
2.The Zoning Administrator of the City of Newport Beach hereby approves the Coastal
Development Permit, subject to the conditions outlined 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 by the provisions of Title 21 Local Coastal Program
(LCP) Implementation Plan, of the Newport Beach Municipal Code. Final action taken
by the City may be appealed to the Coastal Commission in compliance with Section
21.64.035 (Appeal to the Coastal Commission) of the City’s certified LCP and Title 14
California Code of Regulations, Sections 13111 through 13120, and Section 30603 of
the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 16TH DAY OF FEBRUARY 2023.
_____________________________________
Benjamin Zdeba, Zoning Administrator
12
Zoning Administrator Resolution No. ZA2023-###
Page 6 of 9
01-10-2023
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.Before the final building permit inspection, the existing seawall shall be reinforced and
capped to an elevation of 12.47 feet (NAVD 88) with the capability to be raised up to
14.4 feet (NAVD 88), in compliance with the City of Newport Beach Waterfront Project
Guidelines and Standards, Harbor Design Criteria Commercial & Residential Facilities
3.Before 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 including the
repair and maintenance, enhancement, reinforcement, or any other activity affecting the
bulkhead, that results in any encroachment seaward of the authorized footprint of the
bulkhead or other shoreline protective device. The agreement shall be binding against
the property owners and successors and assigns.
4.Before issuance of building permits, 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,
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 development. This letter shall be scanned into the plan set before building permit
issuance.
5.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 result in impacts to environmentally sensitive habitat areas, streams, the
beach, wetlands or their buffers. No demolition or construction materials shall be stored
on public property.
6.This Coastal Development Permit does not authorize any development seaward of the
private property.
7.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 under MBTA:
13
Zoning Administrator Resolution No. ZA2023-###
Page 7 of 9
01-10-2023
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 (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.
8.Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall
be implemented before and throughout the duration of construction activity as
designated in the Construction Erosion Control Plan.
9.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.
10.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.
11.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.
12.Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
13.The project is subject to all applicable City ordinances, policies, and standards unless
specifically waived or modified by the conditions of approval.
14.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 caused by the revocation of this
Coastal Development Permit.
15.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, and 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
Zoning Administrator Resolution No. ZA2023-###
Page 8 of 9
01-10-2023
16.Before 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.
17.Before 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.
18.Before issuance of building permits, a copy of the Resolution, including conditions of
approval Exhibit “A” shall be incorporated into the Building Division and field sets of
plans.
19.Before issuance of building permits, the final WQHP/WQMP shall be reviewed and
approved by the Building Division. The implementation shall comply with the approved
WQHP/WQMP and any changes could require separate review and approval by the
Building Division.
20.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.
21.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.
22.Before the issuance of building permits, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
23.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.
24.This Coastal Development Permit 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.
25.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 (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 Gates Residence, including, but not limited to the
Coastal Development Permit (PA2022-0222). This indemnification shall include, but not
be limited to, damages awarded against the City, if any, costs of suit, attorney’s fees, and
15
Zoning Administrator Resolution No. ZA2023-###
Page 9 of 9
01-10-2023
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 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 under the indemnification requirements prescribed in this condition.
16
Attachment No. ZA 2
Vicinity Map
17
VICINITY MAP
Coastal Development Permit
(PA2022-0222)
748 Via Lido Soud
Subject Property
18
Attachment No. ZA 3
Project Plans
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40