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HomeMy WebLinkAbout05_Forgues Residence CDP_PA2022-057 CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT April 27, 2023 Agenda Item No. 5 SUBJECT: Forgues Residence (PA2022-057) ▪ Coastal Development Permit SITE LOCATION: 101 Shorecliff Road APPLICANT: Chris King, Chris King Construction OWNER: Nicole Forgues PLANNER: Afshin Atapour, Assistant Planner 949-644-3237, aatapour@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), Bluff (B) Overlay District • 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), Bluff (B) Overlay District PROJECT SUMMARY The Applicant requests a coastal development permit (CDP) to allow the removal of existing hardscape and construction of a new 203-square-foot, detached covered accessory structure (cabana), with associated hardscape, within area “B” of the Bluff Overlay District. A coastal development permit is required due to the project’s proximity to the coastal bluff. No changes are proposed to the existing single-unit dwelling on the property. The project includes removal of an existing nonconforming brick hardscape area. The project complies with all development standards including the Bluff Overlay, height, setbacks, and lot coverage limits and no deviations are requested. All improvements authorized by this CDP will be located on private property. RECOMMENDATION 1) Conduct a public hearing; 2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment; and 1 Forgues Residence (PA2022-057) Zoning Administrator, April 27, 2023 Page 2 3) Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development Permit (Attachment No. ZA 1). DISCUSSION Land Use and Development Standards • The subject property is located in the R-1-6000 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 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-unit dwelling. The neighborhood is predominantly developed with two (2)- and three (3)-story, single-unit dwellings. The proposed design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development. • The property is located within the Bluff Overlay Zoning District, which is intended to establish special development standards for areas of the City where projects are proposed on identified coastal bluffs. The proposed detached accessory structure complies with the development standards identified by the Bluff Overlay, including the minimum 10-foot setback from the bluff edge for all accessory structures and no development seaward of that setback line, as evidenced in Table 1 below. Table 1 – Bluff Overlay Development Standards1 Development Standard Standard Proposed Development Area A2 Principal and accessory structures No new development Principal Structure Setback (minimum) 25 feet from bluff edge No new development Development Area B2 Accessory structures Accessory structures Swimming Pool Setback (minimum) 25 feet from bluff edge No new development Accessory Structure Setback (minimum) 10 feet from bluff edge 10 feet from bluff edge Development Area C2 Limited accessory structures No new development 1. Bluff Overlay Development Standards are pursuant to NBMC 21.28.040 2. Locations of development areas are pursuant to NBMC 21.28.040(D)(6) (Map 7 – Shorecliffs (Subject to Marine Erosion)) and 21.80.020 (Maps – Bluff Overlay) 2 Forgues Residence (PA2022-057) Zoning Administrator, April 27, 2023 Page 3 Hazards • The development is located on a bluff fronting a sandy beach and the Pacific Ocean. The project site is not protected by a bulkhead. A Geotechnical and Geologic Investigation report prepared by Coast Geotechnical, Inc. on July 22, 2022, examined coastal hazards including slope stability, wave action, long-term bluff retreat and flooding and erosion. The report concluded that the proposed detached accessory structure will be reasonably safe from coastal hazards over the course of its design life and that no additional seawall, revetment, jetty, groin, retaining wall or other shoreline protective device will be needed to protect the development. • A Biological Resources Report was prepared by Environmental Science Associates on December 5, 2018 and a supplemental memorandum was prepared October 11, 2022, which examined existing site conditions including landscaped areas, plant species, and existing residential structures. The report concluded that the proposed detached accessory structure would not impact any special-status or other sensitive biological resources. Also, the proposed cabana location is set back sufficiently from the coastal bluff face to avoid impacts to the native biological resources present. Lastly, the report recommends that existing non-native vegetation be removed and replaced with appropriate, locally native plants, and requires that pre-construction nesting bird surveys are conducted. Conditions of Approval are included in the draft resolution to require compliance with the recommendations of the report. • 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 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. • The property owner will 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 Newport Beach Municipal Code (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 recorded prior to the issuance of building permits. • Pursuant to NBMC Section 21.30.030(C)(3)(i)(iv) - (Natural Landform and Shoreline Protection), the property owner will be required to enter into an agreement with the City waiving any potential right to protection to address situations in the future in which the development is threatened with damage or destruction by coastal hazards (e.g., waves, erosion, and sea level rise). The Waiver of Future Protection is included 3 Forgues Residence (PA2022-057) Zoning Administrator, April 27, 2023 Page 4 as a condition of approval that will need to be recorded prior to final building inspection. 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 onsite 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 requires that the provision of public access bear a reasonable relationship between the requirement and the project’s impact, and be proportional to the impact. In this case, the project includes construction of a detached accessory structure located on a R-1-6000 lot with an existing single-unit dwelling. Therefore, the project does not involve a change in land use, density or intensity that will result in increased demand on public access and recreation opportunities. Furthermore, the proposed detached accessory structure is designed and sited (appropriate height, setbacks, etc.) so as not to block or impede existing public access opportunities. • Vertical access to the beach and ocean is available via Glen Drive, across Buck Gully from the subject property. Lateral access is available along the beach to the south of the property. Vertical access to the beach is also available to members of the Shorecliff’s community through a private pedestrian gate and footpath which crosses the subject property. The project does not include any features that would obstruct access along these existing routes. • The project site is located approximately 1,300 feet southeast of Inspiration Point, which is a designated public viewpoint in the Coastal Land Use Plan and offers public views of the Pacific Ocean and shoreline. The proposed detached accessory structure will not change the existing neighborhood pattern of development and will not affect the existing views from Inspiration Point. The project includes construction of a detached accessory structure on an existing property developed with a single- unit dwelling that complies with all applicable development standards, including the Bluff Overlay standards that require a 10-foot setback from the bluff edge for accessory structures and 25-foot setback from the bluff edge for primary structures (i.e. dwellings). Inspiration Point is improved with public benches and landscaping that orients and frames views toward the ocean and not directly toward the subject site. Additionally, the new cabana would be setback approximately 115 feet from the rear property line near the beach and is designed as open construction, reducing the bulk and scale of the proposed structure. Therefore, the project does not have the 4 Forgues Residence (PA2022-057) Zoning Administrator, April 27, 2023 Page 5 potential to degrade the visual quality of the Coastal Zone or result in significant adverse impacts to public views. ENVIRONMENTAL REVIEW This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. The Class 3 exempts accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. The proposed project consists of the removal of existing hardscape and construction of a new 203-square-foot, detached covered accessory structure (cabana) with associated hardscape. There are no known exceptions listed in CEQA Guidelines Section 15300.2 that would invalidate the use of these 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. 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. 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. 5 Forgues Residence (PA2022-057) Zoning Administrator, April 27, 2023 Page 6 Prepared by: LW/aa Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Project Plans 6 Attachment No. ZA 1 Draft Resolution 7 RESOLUTION NO. ZA2023-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT TO CONSTRUCT A NEW DETACHED COVERED ACCESSORY STRUCTURE (CABANA) LOCATED AT 101 SHORECLIFF ROAD (PA2022-057) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Chris King with Chris King Construction on behalf of the owner Nicole Forgues with respect to property located at 101 Shorecliff Road, and legally described as Lot 121 of Tract 1116, requesting approval of a Coastal Development Permit. 2. The applicant requests a coastal development permit (CDP) to allow the removal of existing hardscape and construction of a new 203-square-foot, detached covered accessory structure (cabana), with associated hardscape, within area “B” of the Bluff Overlay District. A coastal development permit is required due to the project’s proximity to the coastal bluff. No changes are proposed to the existing single-unit dwelling on the property. The project includes removal of an existing nonconforming brick hardscape area. The project complies with all development standards including the Bluff Overlay, height, setbacks, and lot coverage limits and no deviations are requested. All improvements authorized by this CDP will be located on private property. 3. The subject property is categorized 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 Zoning District. 5. A public hearing was held April 27, 2023, 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), because it has no potential to have a significant effect on the environment. 8 Zoning Administrator Resolution No. ZA2023-### Page 2 of 10 2. Class 3 exempts accessory structures including garages, carports, patios, swimming pools, and fences. The proposed project consists of the removal of existing hardscape and construction of a new 203-square-foot, detached covered accessory structure (cabana) with associated hardscape. 3. There are no known exceptions listed in CEQA Guidelines Section 15300.2 that would invalidate the use of these 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. SECTION 3. REQUIRED FINDINGS. In accordance with Section 21.52.015(F) (Coastal Development Permits, Findings and Decision) of the Newport Beach Municipal Code (NBMC), 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 detached accessory structure complies with applicable residential development standards including, but not limited to, floor area limitation, setbacks, height, and parking. a. The proposed detached accessory structure does not add floor area to the existing single-unit dwelling. The new cabana would result in a negligible increase in lot coverage and the property remains consistent with the 60% maximum lot coverage limitation. b. The proposed detached accessory structure provides the minimum required setbacks, which are 25 feet along the front property line abutting Shorecliff Road, 6 feet along each side property line and 6 feet along the rear property line. c. The proposed detached accessory structure provides the minimum required setbacks established by the Bluff Overlay District, including the minimum 10-foot setback from the bluff edge for all accessory structures with no development seaward of that setback line. d. The proposed detached accessory structure is approximately 9 feet 6 inches from established grade which is well is below the 24 feet maximum height for flat roofs. e. The proposed detached accessory structure is not enclosed and would not impact the required parking of the existing single-unit dwelling. 9 Zoning Administrator Resolution No. ZA2023-### Page 3 of 10 2. The neighborhood is predominantly developed with two (2)- and three (3)-story, single- unit dwellings. The proposed design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development. 3. The development is located on a bluff fronting a sandy beach and the Pacific Ocean. The project site is not protected by a bulkhead. A Geotechnical and Geologic Investigation report prepared by Coast Geotechnical, Inc. on July 22, 2022, examined coastal hazards including slope stability, wave action, long-term bluff retreat and flooding and erosion. The report concluded that the proposed detached accessory structure will be reasonably safe from coastal hazards over the course of its design life and that no additional seawall, revetment, jetty, groin, retaining wall or other shoreline protective device will be needed to protect the development. 4. Pursuant to Section 21.30B.020 - Initial Site Resource Survey, a biological assessment was completed on December 5, 2018 and a supplemental memorandum was prepared October 11, 2022 by Environmental Science Associates. The reports found that the property has native vegetation on the bluff face and the remainder of the property is landscaped with ornamental plant species and hardscape. The site reconnaissance revealed that the project site does not provide suitable habitat for any special-status plant or wildlife species. The site supports lemonade berry scrub, which is considered a sensitive natural community, however the natural plant community is not proposed to be impacted by the cabana improvements. a. Because the project site contains habitat that may be suitable for nesting birds, standard recommendations were made to avoid impacts to actively nesting birds and Condition No. 6 is included to ensure compliance with the recommendation of the report including a pre-construction survey conducted by a biologist for the presence of nesting birds. b. The report confirms that the proposed location of the cabana does not include areas that are considered environmentally sensitive habitat areas (ESHA) pursuant to Section 21.30B.030- Environmentally Sensitive Habitat Areas of the NBMC. However, there is a mapped Environmental Study Area (ESA) down slope of the cabana on the subject property that generally follows the top of the bluff edge, where no development is allowed. The ESA represents a potential ESHA, however, the report states that the area does not have suitable habitat and soils to support special status plants or habitat to support special status wildlife such as the coastal California gnatcatcher. c. The required ESHA buffer is 50-feet pursuant to Section 21.30B.030(D)(1)) of the NBMC, where the proposed buffer is approximately 20 feet to the cabana location. However, given the small footprint of the cabana which is only 203 square feet with no deepened footings, the low intensity of disturbance, and low likelihood of special-status wildlife species occurring on the property, a narrower ESHA buffer would be sufficient to protect the biological integrity of the potential ESHA. 10 Zoning Administrator Resolution No. ZA2023-### Page 4 of 10 d. The report concludes that the proposed detached cabana is set back sufficiently from the coastal bluff face to avoid impacts to the native biological resources present and the location is a minimum of 35 to 40 feet from the lemonade berry scrub, which is the most sensitive biological resource on the property. A condition of approval is included to ensure that construction and staging materials are stored within Development Area A, which is fully disturbed and only includes ornamental/developed landscape. e. The report recommends that if any changes to landscaping are proposed, the existing non-native vegetation be removed and replaced with appropriate, locally native plants. Condition of Approval number 11 requires removal and replacement of non-native plants along the top of the bluff. 5. 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 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. 6. Under NBMC Section 21.30.030(C)(3)(i)(iv), 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, respectively. 7. 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). This requirement is included as a condition of approval that will need to be satisfied before the issuance of building permits, respectively. 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-site is directed to the City’s storm drain system. 9. The project site is located approximately 1,300 feet southeast of Inspiration Point, which is a designated public viewpoint in the Coastal Land Use Plan and offers public views of the Pacific Ocean and shoreline. The proposed detached accessory structure will not change the existing neighborhood pattern of development and will not affect the existing views from Inspiration Point. The project includes construction of a detached accessory structure on an existing property developed with a single-unit dwelling that complies with all applicable development standards, including the Bluff Overlay standards that require a 10- foot setback from the bluff edge for accessory structures and 25-foot setback from the bluff edge for primary structures (i.e. dwellings). Inspiration Point is improved with public 11 Zoning Administrator Resolution No. ZA2023-### Page 5 of 10 benches and landscaping that orients and frames views toward the ocean and not directly toward the subject site. Additionally, the new cabana would be setback approximately 115 feet from the rear property line near the beach and is designed as open construction, reducing the bulk and scale of the proposed structure. Therefore, the project does not have the potential to degrade the visual quality of the Coastal Zone or result in significant adverse impacts to public views. 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 requires that the provision of public access bear a reasonable relationship between the requirement and the project’s impact, and be proportional to the impact. In this case, the project includes construction of a detached accessory structure located on a R-1-6000 lot with an existing single-unit dwelling. Therefore, the project does not involve a change in land use, density or intensity that will result in increased demand on public access and recreation opportunities. Furthermore, the proposed detached accessory structure is designed and sited (appropriate height, setbacks, etc.) so as not to block or impede existing public access opportunities. 2. Vertical access to the beach and ocean is available via Glen Drive, across Buck Gully from the subject property. Lateral access is available along the beach to the south of the property. Vertical access to the beach is also available to members of the Shorecliff’s community through a private pedestrian gate and footpath which crosses the subject property. The project does not include any features that would obstruct access along these existing 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. 2. The Zoning Administrator of the City of Newport Beach hereby approves the Coastal Development Permit (PA2022-057), subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. 3. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the 12 Zoning Administrator Resolution No. ZA2023-### Page 6 of 10 Community Development Director in accordance with the provisions of Title 21 Local Coastal Implementation Plan, of the Newport Beach Municipal Code (NBMC). 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 27TH DAY OF APRIL, 2023. ______________________________________ Benjamin M. Zdeba, AICP, Zoning Administrator 13 Zoning Administrator Resolution No. ZA2023-### Page 7 of 10 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 1. The development shall be in substantial conformance with the approved site plan, floor plans, and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new Coastal Development Permit. 3. Coastal Development Permit No. PA2022-057 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 (NBMC), unless an extension is otherwise granted. 4. 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 and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney’s fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s approval of development. The letter shall be scanned into the plan set prior to building permit issuance. 5. Prior to 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. 6. Prior to the issuance of a building permit, the applicant shall submit a final construction erosion control plan. The plan shall be subject to the review and approval by the Building Division. 7. Prior to the issuance of a building permit, the applicant shall submit a final drainage and grading plan. The plan shall be subject to the review and approval by the Building Division. 8. Prior to the issuance of a building permit, a copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans. 9. Prior to the issuance of building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 14 Zoning Administrator Resolution No. ZA2023-### Page 8 of 10 10. The final project plans shall incorporate and comply with the recommendations of the Geotechnical and Geologic Investigation report prepared by Coast Geotechnical, Inc. dated July 22, 2022. 11. Prior to final building permit inspection, the owner shall provide a letter from a qualified biologist that certifies that all non-native plants have been removed within Area “B” of the Bluff Overlay (as indicated on the approved plans) and landward of the bluff edge in accordance with the recommendations of the Biological Reports dated December 5, 2018 and October 11, 2022. The letter from the biologist shall also confirm that all areas of non- native plant removal have been replanted (to the extent feasible) with native plants. No existing native plants, including the lemonade berry scrub shall be removed during removal of existing non-native vegetation. 12. This approval does not authorize any new or existing improvements (including landscaping) on State tidelands, public beaches, or the public right-of-way. 13. No demolition or construction materials, equipment debris, or waste, shall be placed or stored in a location that would enter sensitive habitat, receiving waters, or a storm drain or result in impacts to environmentally sensitive habitat areas, streams, the beach, wetlands or their buffers. All construction staging and storage of materials shall occur within Area "A” of the Bluff overlay (as indicated on the approved plans). 14. 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. 15. Debris from demolition shall be removed from work areas each day and removed from the project site within 24 hours of the completion of the project. Stock-piles and construction materials shall be covered, enclosed on all sites, not stored in contact with the soil, and located as far away as possible from drain inlets and any waterway. 16. Trash and debris shall be disposed in proper trash and recycling receptacles at the end of each construction day. Solid waste, including excess concrete, shall be disposed in adequate disposal facilities at a legal disposal site or recycled at a recycling facility. 17. 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. 18. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that 15 Zoning Administrator Resolution No. ZA2023-### Page 9 of 10 produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday, and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on Saturdays, Sundays or holidays. 19. 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 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM 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 20. 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, a qualified biologist shall assist with a pre-construction survey for nesting birds, and 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. 21. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 22. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Coastal Development Permit. 23. 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 is detrimental to the public health, welfare or materially injurious to property or 16 Zoning Administrator Resolution No. ZA2023-### Page 10 of 10 improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 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 either the current business owner, property owner, or the leasing agent. 25. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney’s fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s approval of Forgues Residence including, but not limited to, Coastal Development Permit (PA2022-057). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Building Division 26. Prior to issuance of a building permit, a Soils Report shall be provided to the Building Division for construction on a slope subject to landslide. 27. Prior to issuance of a building permit, the cabana footing shall be set back from face of slope in accordance with California Building Code Section 1808. 17 Attachment No. ZA 2 Vicinity Map 18 VICINITY MAP Coastal Development Permit PA2022-057 101 Shorecliff Road Subject Property Subject Property 19 Attachment No. ZA 3 Project Plans 20 21 22 23 24 25 26 27 From:Jim Mosher <jimmosher@yahoo.com> Sent:April 26, 2023 2:20 PM To:CDD Subject:Comments on ZA Item 5 (4/27/2023 agenda) Regarding Item 5 on the April 27, 2023, Newport Beach Zoning Administrator agenda ("Forgues Residence Coastal Development Permit (PA2022-057)") : 1. The "Project Summary" on page 1 of the staff report says of this proposal for development within area “B” of the Bluff Overlay District that "The project complies with all development standards including the Bluff Overlay, height, setbacks, and lot coverage limits and no deviations are requested." However, Table 1 on page 2 does not explain what those standards are, or what is proposed, other than the required setback from the bluff edge. 2. More disturbingly, reviewing NBMC Subsection 21.28.040.C.2.b, the standards cited on handwritten page 9 of the proposed resolution appear to be the wrong ones. For example, it assures readers that "d. The proposed detached accessory structure is approximately 9 feet 6 inches from established grade which is well is below the 24 feet maximum height for flat roofs." However, NBMC Subsection 21.28.040.C.2.b says "i. Covered accessory structures (e.g., trellises, gazebos, patio covers) shall not exceed twelve (12) feet in height from existing grade or finished grade or exceed four hundred (400) square feet in cumulative total area." 3. I am also puzzled about the extended commentary in Fact 9 beginning at the bottom of handwritten page 11 of views from Inspiration Point. Given the intervening topography, it seems improbable to me that the subject site can be seen at all from Inspiration Point, leading me to believe the City may not have physically visited the view point to substantiate its findings. On the other hand, the entirety Ocean Boulevard in Corona del Mar is a designated Coastal View Road on Map 4-3 of our Coastal Land Use Plan (and Figure NR3 of our General Plan), and although not formally designated as a viewpoint, its eastern terminus is developed as one, with public benches from which I believe the site is visible, as it would be from Glen Drive (which may not be designated as a view road only because it is not open to public vehicular traffic): Zoning Administrator - April 27, 2023 Item No. 5a Additional Materials Received Forgues Residence Coastal Development Permit (PA2022-057) -- Jim Mosher Zoning Administrator - April 27, 2023 Item No. 5a Additional Materials Received Forgues Residence Coastal Development Permit (PA2022-057)