HomeMy WebLinkAbout03_306 E Oceanfront LLC Residence CDP_PA2024-0203CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
April 10, 2025
Agenda Item No. 3
SUBJECT: 306 East Oceanfront LLC Residence (PA2024-0203)
Coastal Development Permit
SITE LOCATION: 306 and 306 ½ East Ocean Front
APPLICANT: Jason Richart
OWNER: 306 East Oceanfront LLC
PLANNER: Laura Rodriguez, Assistant Planner
lrodriguez@newportbeachca.gov, 949-644-3216
LAND USE AND ZONING
General Plan Land Use Plan Category: Two Unit Residential (RT)
Zoning District: Two-Unit Residential (R-2)
Coastal Land Use Plan Category: Two-Unit Residential (RT-E) (30.0 – 39.9 DU/AC)
Coastal Zoning District: Two-Unit Residential (R-2)
PROJECT SUMMARY
A coastal development permit (CDP) to allow the demolition of an existing duplex and
construction of a three-story 2,114-square-foot single-unit dwelling with a 406-square-foot
junior accessory dwelling unit (JADU) and an attached 383-square-foot two-car garage.
The project also includes the installation of hardscaping and site walls. The project
complies with all applicable development standards 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
3) Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development
Permit No. PA2024-0203 (Attachment No. ZA 1).
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DISCUSSION
Land Use and Development Standards
The subject property is located in the R-2 Coastal Zoning District, which provides for
two-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 in the Coastal Commission Appeal Area.
The property currently consists of one legal lot developed with an existing duplex.
The neighborhood is predominantly developed with two-and three-story single-
and multi-unit-dwellings. The proposed design, bulk, and scale of the development
is consistent with the existing neighborhood pattern of development and expected
future development is consistent with applicable development standards.
Figure 1: Oblique Aerial Image of Neighborhood
The proposed single unit dwelling and JADU 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.
Subject Property
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Table 1 – Development Standards
Development Standard Standard Proposed
Setbacks (min.)
Front 10 feet 10 feet
Sides 3 feet 3 feet
Rear 5 feet 5 feet
Allowable Floor Area (max.) 3,120 square feet 2,903 square feet
Allowable 3rd Floor Area (max.) 312 square feet 305 square feet
Allowable 3rd Floor Area &
Covered (max.)
1,560 square feet 603 square feet
Open Space (min.) 234 square feet 238 square feet
Parking (min.) 2-car garage 2-car garage
Height (max.) 24-foot flat roof
29-foot sloped roof
24-foot flat roof
29-foot sloped roof
Hazards
The property is located on in a developed area on the Balboa Peninsula and
approximately 630 feet from the Mean High-Water Line of the ocean.
The finished floor elevation of the proposed single-unit dwelling is 13.05 feet North
American Vertical Datum of 1988 (NAVD 88), which complies with the minimum
9.00-foot (NAVD 88) elevation standard for new structures.
A Coastal Hazards Report and Sea Level Rise Analysis were prepared by Skelly
Engineering, dated September 23, 2024 for the project. The report concludes that
the proposed project is reasonably safe from shoreline erosion due to the lack of
waves or wakes that can erode sand from the beach. The report also concludes that
the project will be reasonably safe from future sea level rise assuming an increase
up to 12.2 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). The finished floor
elevation of the first floor of the proposed structure is 13.05 feet based on the North
American Vertical Datum of 1988 (NAVD 88), which complies with the minimum 9.0-
foot (NAVD 88) elevation standard for new structures and exceeds the minimum
requirements for sea level rise (12.2 feet NAVD 88).
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
design mitigation identified in the investigations. Construction plans are reviewed for
compliance with approved investigations and CBC before building permit issuance.
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Water Quality
The property is located approximately 630 feet from the Mean High-Water Line of the
ocean. Under Section 21.35.030 (Construction Pollution Prevention Plan) of the
Municipal Code, a Construction Pollution Prevention Plan (CPPP) is required to
implement temporary Best Management Practices (BMPs) during construction to
minimize erosion and sedimentation and to minimize pollution of runoff and coastal
waters derived from construction chemicals and materials. A CPPP has been
provided, and construction plans and activities will be required to adhere to the
CPPP.
Under Municipal Code Section 21.35.050 (Water Quality and Hydrology Plan), due
to the development containing more than 75% of impervious surface area, a
preliminary Water Quality and Management Plan (WQMP) is required. A preliminary
WQMP has been prepared for the project by Thomas M. Ruiz dated, October 15,
2024. 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 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 two-unit
dwelling located on a standard R-2 lot with a new single-unit dwelling and JADU.
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 near a Public Viewpoint or Coastal View Road as
identified in the Coastal Land Use Plan. The nearest Public Viewpoint is the Balboa
Pier, which is approximately 1,650 feet south from the property, and visible from the
site. The project is not located between the Peninsula Park and the bay and would
not obscure views from this public area. Therefore, the proposed project 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.
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The project site is located near a Public Beach Access point as identified in the
Coastal Land Use Plan. Vertical access to the beach is available at the Coronado
Street end from East Balboa Boulevard and the alley end located east of the property,
which is also accessible from East Balboa Boulevard. The property is located
adjacent to the East Ocean Front boardwalk, which serves as lateral access and
provides a path along the beach for pedestrian and bicycle use. The project does not
include any features that would obstruct access along these routes.
Unpermitted landscape and hardscape exist seaward of the private property on a
portion of the City’s public right-of-way and the public beach. The unpermitted
development is the subject of an ongoing enforcement action by the California
Coastal Commission. Condition of Approval No. 23 has been included in the Draft
Resolution, which requires the property owner(s) to agree to and cooperate with the
City and California Coastal Commission for 1) the removal of any unpermitted
development located seaward of the property and within the prolongation of the side
property lines of the subject property, and 2) the restoration of the affected area
consistent with a restoration plan approved by the City and Coastal Commission.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) under 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-unit dwellings and additions of up to
10,000 square feet to existing structures. The proposed project consists of the demolition
of an existing duplex and the construction of a new 2,114-square-foot single-unit dwelling
with a 406-square-foot JADU, with an attached 383 square-foot two-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.
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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:
Laura Rodriguez, Assistant Planner
DL/lr
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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RESOLUTION NO. ZA2025-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING A COASTAL
DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING DUPLEX
AND CONSTRUCT A NEW THREE-STORY SINGLE-UNIT
DWELLING WITH A JUNIOR ACCESSORY DWELLING UNIT
AND ATTACHED TWO-CAR GARAGE LOCATED AT 306 AND
306 ½ EAST OCEAN FRONT (PA2024-0203)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Jason Richart (Applicant), concerning property located at 306
and 306 ½ East Ocean Front and legally described as Lot 4 of Block 2 in Newport Bay
Tract (Property), requesting approval of a coastal development permit (CDP).
2. The Applicant requests a coastal development permit (CDP) to allow the demolition of an
existing duplex and construction a 2,114-square-foot three-story single-unit dwelling with
a 406-square-foot junior accessory dwelling unit (JADU) and an attached 383-square-foot
two-car garage. The project includes hardscape, site walls, and subsurface drainage
facilities all within the confines of private property. The project complies with all
development standards and no deviations from the Newport Beach Municipal Code
(NBMC) are requested (Project).
3. The Property is designated Two Unit Residential (RT) by the General Plan Land Use
Element and is located within the Two-Unit Residential (R-2) Zoning District.
4. The Property is located within the coastal zone. The Coastal Land Use Plan category is
Two Unit Residential – 30.0-39.9 DU/AC (RT-E) and is located within the Two-Unit
Residential (R-2) Coastal Zoning District.
5. A public hearing was held on April 10, 2025, online via Zoom. A notice of the time, place,
and purpose of the hearing was given by the 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.
2. Class 3 exempts the demolition of up to three single-unit dwellings and additions of up
to 10,000 square feet to existing structures. The Project consists of the demolition of an
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existing duplex and the construction of a new 2,114-square-foot single-unit dwelling with
a 406-square-foot JADU, and an attached 383-square-foot, two-car garage.
3. The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The Project 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 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 (LCP).
Facts in Support of Finding:
1. The Project 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 3,120-square-feet and the proposed total floor
area is 2,903-square-feet.
b. The Project provides the minimum required setbacks, which are 10 feet along the
front property line abutting East Ocean Front, 3 feet along each side property line,
and 5 feet along the rear property line which abuts an alley.
c. The highest guardrail is less than 24 feet from the established grade and the
highest ridge is no more than 29 feet from the established grade, which complies
with the maximum height requirements.
d. The Project includes a two-car garage, complying with the minimum two-car garage
parking requirement for single-unit dwellings with less than 4,000-square-feet of
habitable floor area. Additional parking is not required for JADUs per subsection
20.48.200.F.8.(a) and 21.48.200.F.8.(a) of the NBMC.
2. The neighborhood is predominantly developed with two- and three-story, single- and
multi-unit residential dwellings. The proposed design, bulk, and scale of the Project are
consistent with the existing neighborhood pattern of development.
3. A Coastal Hazards Report and Sea Level Rise Analysis was prepared by Skelly
Engineering, dated September 23,2024, for the Project. The report concludes that the
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Project is reasonably safe from shoreline erosion due to the lack of waves or wakes that
can erode sand from the beach. The report also concludes that the project will be
reasonably safe from future sea level rise assuming an increase up to 12.2 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). The finished floor elevation of the first floor of the
proposed structure is 13.05 feet NAVD88, which complies with the minimum 9.0-foot
(NAVD88) elevation standard for new structures and exceeds the minimum
requirements for future sea level rise (12.2 feet NAVD88).
4. 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.
5. Under Municipal Code Section 21.35.050 (Water Quality and Hydrology Plan), due to the
development containing more than 75% of impervious surface area, a Water Quality and
Hydrology Plan (WQHP) is required. A preliminary WQHP has been prepared for the
project by Thomas M. Ruiz dated, October 15, 2024. The WQHP 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.
6. The Property is located approximately 630 feet from the Mean High-Water Line of the
ocean. 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 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.
7. The Project does not propose landscaping as a part of the scope of work. However,
landscaping must comply with Section 21.30.075 (Landscaping) of the NBMC. Condition
of Approval No.19 is included which requires drought-tolerant species. Before the
issuance of building permits, the final landscape plans will be reviewed to verify invasive
species are not planted.
8. The Project is not located near a Coastal Viewpoint or Coastal View Road as identified in
the Coastal Land Use Plan (CLUP). The nearest Coastal Viewpoint is Balboa Pier, which
is approximately 1,650 feet south from the Property, and visible from the site. The Project
is not located between Peninsula Park and the bay and would not obscure views from this
public area. Therefore, the Project complies with all applicable LCP development
standards and maintains a building envelope consistent with the existing neighborhood
pattern of development. Additionally, the Project complies with all third-floor standards of
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the NBMC which limits the size and location of the third floor. The Project does not contain
any unique features that could degrade the visual quality of the coastal zone.
Finding:
B. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone.
Fact in Support of Finding:
1. The Property is located between the nearest public road and the sea or shoreline. Section
21.30A.040 (Determination of Public Access/Recreation Impacts) of the NBMC 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 duplex located on a standard R-2 lot with a new single-unit dwelling
and JADU. 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. The Project is located near a Public Beach Access point as identified in the CLUP. Vertical
access to the beach is available at the Coronado Street end from East Balboa Boulevard
and the alley end located east of the property, which is also accessible from East Balboa
Boulevard. The property is located adjacent to the East Ocean Front boardwalk, which
serves as lateral access and provides a path along the beach for pedestrian and bicycle
use. The Project does not include any features that would obstruct access along these
routes.
3. The Property provides vehicular access from Coronado Street to the alley of East Ocean
Front which is not proposed to change with the Project.
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 under Section 15303
(New Construction or Conversion of Small Structures) 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.
2. The Zoning Administrator of the City of Newport Beach hereby approves the Coastal
Development Permit (PA2024-0203), 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
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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 10TH DAY OF APRIL 2025.
_______________________________________
Benjamin M. Zdeba, AICP, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
(specific project conditions are italicized)
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. 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.
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,
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.
4. This approval does not authorize any new or existing improvements (including
landscaping) on California Coastal Permit Jurisdiction, State tidelands, public beaches,
or the public right-of-way. Any improvements located on tidelands, submerged lands,
and/or lands that may be subject to the public trust shall require a coastal development
permit (CDP) approved by the California Coastal Commission (CCC). Before the
issuance of building permits, the applicant shall provide a copy of said CDP or CDP
waiver or documentation from the CCC that subject improvements are not subject to the
permit requirements of the Coastal Act and/or not located within the permit jurisdiction
of the CCC.
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.
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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:
A. The construction area shall be inspected for active nests. If birds are observed flying
from a nest or sitting on a nest, it can be assumed that the nest is active. Construction
activity within 300 feet of an active nest shall be delayed until the nest is no longer
active. Continue to observe the nest until the chicks have left the nest and activity is no
longer observed. When the nest is no longer active, construction activity can continue
in the nest area.
B. It is a violation of state and federal law to kill or harm a native bird. To ensure
compliance, consider hiring a biologist to assist with the survey for nesting birds, and
to determine when it is safe to commence construction activities. If an active nest is
found, one or two short follow-up surveys will be necessary to check on the nest and
determine when the nest is no longer active.
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.
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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 the Property or improvements in the vicinity or if the Property is operated or
maintained to constitute a public nuisance.
16. Prior to the issuance of a building permit, the Applicant shall submit a final construction
erosion control plan. The plan shall be subject to review and approval by the Building
Division.
17. Prior to the issuance of a building permit, the Applicant shall submit a final drainage and
grading plan. The plan shall be subject to review and approval by the Building Division.
18. 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.
19. 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.
20. Prior to the issuance of a building permit, 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.
21. All landscape materials and irrigation systems shall be maintained by 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. Construction activities shall comply with Section 10.28.040 (Construction Activity –
Noise Regulations) of the NBMC, which restricts hours of noise-generating construction
activities that produce noise to 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.
23. At such time as directed by the City or the CCC, the applicant shall agree to and cooperate
with both agencies for 1) the removal of any unpermitted development located seaward of
the property and within the prolongation of the side property lines of the subject property,
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and 2) the restoration of the affected area consistent with a restoration plan approved by
the City and CCC.
24. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 (Community Noise Regulations) of the NBMC and other applicable noise control
requirements of the NBMC.
25. 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.
26. 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.
27. 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
NBMC, unless an extension is otherwise granted.
28. 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 the City’s approval of 306 East Oceanfront LLC Residence, including
but not limited to, Coastal Development Permit No. PA2024-0203. This
indemnification shall include, but not be limited to, damages awarded against the City, if
any, costs of suit, attorney’s 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 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.
Public Works Division
29. All unpermitted encroachments within the East Ocean Front right of way shall be
removed and installed with native landscaping.
30. A new sewer clean out shall be installed per City Standard 406.
16
Attachment No. ZA 2
Vicinity Map
17
VICINITY MAP
Coastal Development Permit No. PA2024-0203
306 and 306 ½ East Ocean Front
Subject Property
18
Attachment No. ZA 3
Project Plans
19
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From: Todd Wood <toddwoodaz@outlook.com>
Sent: April 07, 2025 12:51 PM
To: Rodriguez, Laura <LRodriguez@newportbeachca.gov>
Subject: 306 E Oceanfront - Project File: PA2024-0203 - YES
Dear Laura Rodriguez,
We own 308 East Oceanfront, a home that is directly next to the newly proposed development PA2024-
0203.
We approve and support this new development. The demolition of the old buildings to build a new
updated home, will bring greater beauty and higher value to the neighborhood and city.
Thank you
https://ecms.newportbeachca.gov/WEB/DocView.aspx?id=3104400&dbid=0&repo=CNB
Todd C. Wood
Toddwoodaz@gmail.com
Zoning Administrator - April 10, 2025
Item No. 3a - Additional Materials Received
306 East Oceanfront LLC Residence CDP (PA2024-0203)