HomeMy WebLinkAbout04_Schwartz Residence CDP_PA2024-0059
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
April 10, 2025
Agenda Item No. 4
SUBJECT: Schwartz Residence (PA2024-0059)
▪ Coastal Development Permit
SITE LOCATION: 2050 East Ocean Front
APPLICANT: Brandon Architects
OWNER: Scott Schwartz
PLANNER: Melinda Whelan, Assistant Planner
949-644-3221, mwhelan@newportbeachca.gov
LAND USE AND ZONING
• General Plan Land Use Plan Category: RS-D (Single Unit Residential Detached)
• Zoning District: R-1 (Single-Unit Residential)
• Coastal Land Use Plan Category: RSD-C (Single Unit Residential Detached) - (10.0
– 19.9 DU/AC)
• Coastal Zoning District: R-1 (Single-Unit Residential)
PROJECT SUMMARY
The applicant requests a coastal development permit (CDP) to allow the demolition of an
existing single-unit dwelling and the construction of a new 4,376-square-foot, three-story,
single-unit dwelling including an attached 563-square-foot, two-car garage. 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 are requested.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small
Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division
6, Chapter 3, because it has no potential to have a significant effect on the
environment and the exceptions to this exemption do not apply; and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development
Permit filed as PA2024-0059 (Attachment No. ZA 1).
1
Schwartz Residence (PA2024-0059)
Zoning Administrator, April 10, 2025
Page 2
Tmplt: 01/18/23
DISCUSSION
Land Use and Development Standards
• The subject property is in the R-1 Coastal Zoning District, which is intended to provide
areas appropriate 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
and an attached two-car garage. The lot is rectangular in shape and slopes from the
high side on the beach down to the alley in the rear. The neighborhood is
predominantly developed with two- and three-story, single-unit dwellings. The
proposed design, bulk, and scale of the development are consistent with the existing
neighborhood pattern of development and the expected future development is
consistent with applicable development standards.
• The proposed single-unit 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 10 feet 10 feet
Sides 3 feet 3 feet
Rear 0 feet 0 feet
Allowable Floor Area (max.) 4,730 square feet 4,376 square feet
Open Space (min.) 355 square feet 373 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 project site fronts the Pacific Ocean but is separated from the shoreline by a
wide sandy beach ranging between 300 feet to 400 feet wide. The site is not
protected by a bulkhead or other protective device.
• A Coastal Hazards Report and Sea Level Rise Analysis was prepared by G3Soil
Works, Inc., dated December 20, 2021, and reconfirmed with a memorandum
dated December 20, 2024. The project site is separated from the water by a wide
sandy beach and the site is approximately 230 feet from the mean high tide line.
2
Schwartz Residence (PA2024-0059)
Zoning Administrator, April 10, 2025
Page 3
Tmplt: 01/18/23
The report concludes that the proposed project is reasonably safe from shoreline
erosion due to the lack of waves or wakes that can erode sand from the beach.
The report also concludes that the project will be reasonably safe from future sea
level rise assuming an increase up to 10.9 feet 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 17.00 feet based on the North American Vertical Datum of
1988 (NAVD 88), which exceeds the minimum 9.0-foot (NAVD 88) elevation
standard for new structures and exceeds the minimum requirements for sea-level
rise. Furthermore, the report concluded that due to the distance of the property
from the current mean high tide line (over 200 feet), it is unlikely that the mean high
tide line will reach the property within the next 75 years.
• Pursuant to Newport Beach Municipal Code (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). 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 – Waterfront Development). 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 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.
Water Quality
• The property is located within 300 feet of coastal waters. 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.
3
Schwartz Residence (PA2024-0059)
Zoning Administrator, April 10, 2025
Page 4
Tmplt: 01/18/23
Public Access and Views
• The project site is located on the Balboa Peninsula, between the nearest public road
and the sea or shoreline. Implementation Plan Section 21.30A.040 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 single-unit dwelling located on standard R-1 lot
with a new single-unit dwelling. 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 project is designed and sited (appropriate
height, setbacks, etc.) so as not to block or impede existing public access
opportunities.
• Vertical access to the beach is available on either side of the project site via the L
and M Street ends. Lateral access is provided on the beach. The project does not
include any features that would obstruct access along these routes.
• 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
designated coastal viewpoint is approximately 950 feet away from the project site, at
the West Jetty View Park and the project site is not visible from this designated
viewpoint due to distance and intervening structures.
• As a beachfront property, the front and some of the side elevations of the new
residence will be visible from the beach. The building design features large glass
windows on both stories, glass guardrails, and uses modern lines and architectural
treatments which provide visual interest for views from the beach. The proposed
residence contains substantial architectural treatment and visual interest, in
keeping with the design guidelines of the Zoning Code. The new structure complies
with the required setbacks and the design includes modulation of volume
throughout the structure, and low walls that prevent the appearance of the site from
being walled off from the beach. Therefore, the project does not have the potential
to degrade the visual quality of the Coastal Zone or result in significant adverse
impacts on existing public views.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 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 new construction or conversion of small structures including the
demolition and construction of a single-unit dwelling in a residential zone. The proposed
4
Schwartz Residence (PA2024-0059)
Zoning Administrator, April 10, 2025
Page 5
Tmplt: 01/18/23
project consists of the demolition of one single-unit dwelling and the construction of a new
4,376-square-foot, three-story, single-unit dwelling including an attached 564-square-
foot, two-car garage. 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 application 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 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:
LAW/msw
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
5
Attachment No. ZA 1
Draft Resolution
6
01-10-2023
RESOLUTION NO. ZA2025-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING A COASTAL
DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING SINGLE-
UNIT DWELLING AND CONSTRUCT A NEW THREE (3)-STORY
SINGLE-UNIT DWELLING INCLUDING AN ATTACHED TWO (2)-
CAR GARAGE LOCATED AT 2050 EAST OCEAN FRONT
(PA2024-0059)
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 2050 East
Ocean Front, requesting approval of a coastal development permit.
2. The lot at 2050 East Ocean Front is legally described as Lot 13 Block D in Tract No. 518.
3. The applicant requests a coastal development permit (CDP) to allow the demolition of an
existing single-unit dwelling and the construction of a new 4,376-square-foot, three-story,
single-unit dwelling including an attached 563-square-foot, two-car garage. 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
are requested.
4. 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.
5. 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 Zoning District.
6. 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 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.
7
Zoning Administrator Resolution No. ZA2025-###
Page 2 of 9
01-10-2023
2. Class 3 exempts the new construction or conversion of small structures including the
demolition and construction of a single-unit dwelling in a residential zone. The proposed
project consists of the demolition of one (1) single-unit dwelling and the construction of
a new 4,376-square-foot, three-story, single-unit dwelling, including an attached 564-
square-foot, two (2)-car garage.
3. The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
SECTION 3. REQUIRED FINDINGS.
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 4,730 square feet and the proposed floor area
is 4,376 square feet.
b. The proposed development provides the minimum required setbacks, which are 10
feet along the front property line abutting East Ocean Front public beach, 3 feet
along each side property line, and 0 feet along the rear property line abutting the
alley.
c. The highest guardrail is less than 24 feet from the established grade (varies due to
sloping lot) 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 garage parking for a total of two vehicles, complying with the
minimum two car garage parking requirement for single-unit dwellings with less
than 4,000 square feet of habitable floor area.
2. The neighborhood is predominantly developed with two and three -story, single-unit
dwellings. The proposed design, bulk, and scale of the development are consistent with
the existing neighborhood pattern of development.
8
Zoning Administrator Resolution No. ZA2025-###
Page 3 of 9
01-10-2023
3. The finished floor elevation of the proposed single-unit dwelling is 17.0 feet (NAVD88),
which complies with the minimum 9.00 feet (NAVD88) elevation standard.
4. A Coastal Hazards Report and Sea Level Rise Analysis was prepared by G3Soil Works,
Inc., dated December 20, 2021, and reconfirmed with a memorandum dated December
20, 2024. The project site is separated from the water by a wide sandy beach and the
site is approximately 230 feet from the mean high tide line. The report concludes that
the proposed project is reasonably safe from shoreline erosion due to the lack of waves
or wakes that can erode sand from the beach. The report also concludes that the project
will be reasonably safe from future sea level rise assuming an increase up to 10.9 feet
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 17.00 feet based on the North American Vertical
Datum of 1988 (NAVD 88), which exceeds the minimum 9.0-foot (NAVD 88) elevation
standard for new structures and exceeds the minimum requirements for sea-level rise.
Furthermore, the report concluded that due to the distance of the property from the
current mean high tide line (over 200 feet), it is unlikely that the mean high tide line will
reach the property within the next 75 years.
5. Pursuant to 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
6. The property owner will also be required to acknowledge any hazards present at the site
and unconditionally waive any claim to damage or liability against the decision authority,
consistent with NBMC Section 21.30.015(D)(3)(c). This requirement is included as a
condition of approval that will need to be satisfied before the issuance of building permits,
respectively.
7. 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.
8. The property is located within 300 feet of coastal waters. 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
Zoning Administrator Resolution No. ZA2025-###
Page 4 of 9
01-10-2023
9. Proposed landscaping complies with Implementation Plan Section 21.30.075 (of the
NBMC. A condition of approval is included that requires drought-tolerant species. Before
the issuance of building permits, the final landscape plans will be reviewed to verify
invasive species are not planted.
10. 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 designated
coastal viewpoint is approximately 950 feet away from the project site, at the West Jetty
View Park and the project site is not visible from this designated viewpoint due to distance
and intervening structures.
11. As a beachfront property, the front and some of the side elevations of the new residence
will be visible from the beach. The building design features large glass windows on both
stories, glass guardrails, and uses modern lines and architectural treatments which
provide visual interest for views from the beach. The proposed residence contains
substantial architectural treatment and visual interest, in keeping with the design
guidelines of the Zoning Code. The new structure complies with the required setbacks
and the design includes modulation of volume throughout the structure, and low walls
that prevent the appearance of the site from being walled off from the boardwalk or
beach. 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 on the Balboa Peninsula, 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-unit dwelling located on a
standard R-1 lot with a new single-unit dwelling. 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 project is designed and sited (appropriate
height, setbacks, etc.) so as not to block or impede existing public access opportunities.
2. Vertical access to the beach is available on either side of the project site via the L and M
Street ends. Lateral access is provided on the beach. The project does not include any
features that would obstruct access along these routes.
10
Zoning Administrator Resolution No. ZA2025-###
Page 5 of 9
01-10-2023
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
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 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 10TH DAY OF APRIL 2025.
_____________________________________
Benjamin M. Zdeba, AICP, Zoning Administrator
11
Zoning Administrator Resolution No. ZA2025-###
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, an agreement in a form approved by the
City Attorney, 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.
3. Before 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. 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.
5. This Coastal Development Permit does not authorize any development seaward of the
private property.
6. 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
12
Zoning Administrator Resolution No. ZA2025-###
Page 7 of 9
01-10-2023
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.
7. 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.
8. 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.
9. 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.
10. 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.
11. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
12. The project is subject to all applicable City ordinances, policies, and standards unless
specifically waived or modified by the conditions of approval.
13. 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.
14. 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.
15. Before the issuance of building permits, the applicant shall submit a final construction
erosion control plan. The plan shall be subject to review and approval by the Building
Division.
13
Zoning Administrator Resolution No. ZA2025-###
Page 8 of 9
01-10-2023
16. Before the issuance of building permits, the applicant shall submit a final drainage and
grading plan. The plan shall be subject to review and approval by the Building Division.
17. Before 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.
18. Before 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.
19. 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.
20. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, 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.
21. 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.
22. Before the issuance of the building permit, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
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 filed as PA2024-0049 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
14
Zoning Administrator Resolution No. ZA2025-###
Page 9 of 9
01-10-2023
or indirectly) to City’s approval of Schwartz Residence including but not limited to,
Coastal Development Permit filed as PA2024-0059. 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.
15
Attachment No. ZA 2
Vicinity Map
16
VICINITY MAP
Coastal Development Permit
PA2024-0059
2050 East Ocean Front
Subject Property
Subject Property
17
Attachment No. ZA 3
Project Plans
18
19
LOT 13
BLOCK D
TRACT 518
M.M. 17/33-36
LOT 14
LOT 12
VICINITY MAP
HU
N
T
I
N
G
T
O
N
B
E
A
C
H
,
C
A
L
I
F
O
R
N
I
A
9
2
6
4
6
PH
O
N
E
:
(
7
1
4
)
4
8
8
-
5
0
0
6
F
A
X
:
(
7
1
4
)
3
3
3
-
4
4
4
0
A
P
E
X
L
S
I
N
C
@
G
M
A
I
L
.
C
O
M
AU
DOM I
RAFR
FESSONAL LAND
URVEYO
GRAPHIC SCALE
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41