HomeMy WebLinkAbout02_Luu Residence CDP_PA2023-0184
03/13/2018
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
August 29, 2024
Agenda Item No. 2
SUBJECT: Luu Residence (PA2023-0184)
Coastal Development Permit
SITE LOCATION: 1509, 1509 ½, and 1509 ¼ West Balboa Boulevard
APPLICANT: William Azzalino
OWNER: Highpoint Holdings, LLC
PLANNER: Jerry Arregui, Assistant Planner
949-644-3249, jarregui@newportbeachca.gov
LAND USE AND ZONING
• General Plan: Two Unit Residential (RT)
• Zoning District: Two-Unit Residential (R-2)
• Coastal Land Use Category: Two Unit Residential – 20.0 - 29.9 DU/AC (RT-D)
• Coastal Zoning District: Two-Unit Residential (R-2)
PROJECT SUMMARY
A request for a coastal development permit (CDP) to allow the demolition of an existing
nonconforming three-unit residence to construct a new three-story, 2,614-square-foot,
two-unit residence with a 735-square-foot internal accessory dwelling unit (ADU), a 354-
square-foot attached two-car garage, and three carport spaces. The design also includes
appurtenances such as hardscape and landscaping.
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. PA2023-0184 (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
single- and two-unit residential development and is consistent with the City’s
Coastal Land Use Plan, General Plan, and Zoning Code.
• The property currently consists of one legal lot developed with a three-unit
residence. The existing three-unit residence is considered nonconforming due to
density. City records indicate that this property has been recognized as a three-unit
residence since 1970.
• The property is located within the Categorical Exclusion Area of the Coastal Zone as
designated by the California Coastal Commission (CCC). Properties within the
Categorical Exclusion Areas can be excluded from the requirements of the Coastal
Act. However, the Categorical Exclusion Area only applies to the development of
single- and two-unit residences. The project is to construct a two-unit residence with
an internal ADU, therefore the project does not qualify for a Categorical Exclusion
Order and a CDP is required.
• The neighborhood is developed with a range of single- and two-unit homes
between one and three stories. The project’s three-story residence’s design, bulk,
and scale of the development is consistent with the existing neighborhood pattern
of development and expected future development.
Figure 1: Oblique Image of Project Site
Subject Property
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• The proposed two-unit residence and internal ADU 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. Because
the property is within the R-2 Zoning district and is 25 feet in width, the property is
subject to limited development standards including a waiving of the open volume,
third floor area, and the third-floor area plus covered deck requirement pursuant to
NBMC Section 20.48.180(A)(b)(i).
Hazards
• 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 the CBC prior to building permit
issuance.
• The project proposes a minimum top of slab elevation of 9.0 feet based on the
North American Vertical Datum of 1988 (NAVD 88) which complies with the
minimum 9.0-foot NAVD 88 top of slab elevation requirement.
• The property is not located within 200 feet of the water mean high tide line;
therefore, a Coastal Hazards Report was not prepared for this project. The
Property does not have existing bulkhead and is not directly abutting the shoreline.
Public Access and Views
• The property is located on the Balboa Peninsula between the nearest public road
and the sea. 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
Table 1 – Development Standards
Development Standard Standard Proposed
Setbacks (min.)
Front (West Balboa Blvd) 5 feet 5 feet 3.5 inches
Rear 0 feet 2 inches
Sides 3 feet 3 feet 4.5 inches
Floor Area Limit (max.) 3,706 sq. ft. 3,703. sq. ft.
Parking (min.) 2-car garage and 2
carport spaces
2-car garage and 3 carport
spaces
Height (max.) 24-foot flat element
29-foot sloped roof
21’-6” flat element
29’ sloped roof
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proportional to the impact. In this case, the project replaces an existing three-unit
residence with a new two-unit residence and internal ADU. 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.
• The project is designed and sited to not block or impede existing public access
opportunities. The property is located between 15th Street and 16th Street, which are
identified by the Coastal Land Use Plan as having public beach access at their street
ends. The project does not interfere with the existing nearby access to the beach.
Lateral access to the beach is available along the West Ocean Front walking path.
• The property is not located adjacent to a coastal view road as identified in the Coastal
Land Use Plan. The Property is located approximately 200 feet from Veterans
Memorial Park, which is identified as a Public Viewpoint by the Coastal Land Use
Plan. Additionally, the project may be located within the viewshed of other distant
public viewing areas. Site evaluation revealed that the proposed three-story design
is consistent with the existing neighborhood pattern of development and will not affect
the existing views afforded from the surrounding streets. The project will replace an
existing three-unit residence with a new two-unit residence and internal ADU that
complies with all applicable Local Coastal Program (LCP) development standards
and maintains a building envelope consistent with the existing neighborhood pattern
of development. 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.
Water Quality
• The applicant provided an Erosion Control Plan to implement temporary Best
Management Practices (BMPs) during construction to minimize erosion and
sedimentation and to minimize pollution runoff and coastal waters derived by
construction chemicals and materials. The Erosion Control Plan will be reviewed
by the City’s Engineer Geologist. Construction plans and activities will be required
to adhere to the approved Erosion Control Plan.
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
demolition of up to three single-unit residences and additions of up to 10,000 square feet
to existing structures. The project is to demolish an existing three- unit dwelling and
construct a new two-unit residence with an internal ADU located in the R-2 Coastal Zoning
District within a developed neighborhood. Therefore, the Class 3 exemption is applicable.
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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.
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
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 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:
DL/ja
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
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03/13/2018
Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2024-##
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, APPROVING A COASTAL
DEVELOPMENT PERMIT FOR THE DEMOLITION OF AN
EXISTING THREE-UNIT RESIDENCE AND THE CONSTRUCTION
OF A NEW THREE-STORY, 2,614-SQUARE-FOOT, TWO-UNIT
RESIDENCE WITH A 735-SQUARE-FOOT INTERNAL
ACCESSORY DWELLING UNIT, A 354-SQUARE-FOOT
ATTACHED TWO-CAR GARAGE, AND THREE CARPORT
SPACES LOCATED AT 1509, 1509 ½ and 1509 ¼ WEST BALBOA
BOULEVARD (PA2023-0184)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by William Azzalino (Applicant) on behalf of Karen Luu (Owner),
with respect to property located at 1509, 1509 ½, and 1509 ¼ West Balboa Boulevard,
and legally described as Lot 24 of Block 15 of the Tract of Newport Beach Section B
(Property), requesting approval of a coastal development permit (CDP).
2. The Applicant proposes to demolish an existing nonconforming three-unit residence to
construct a new three-story, 2,614-square-foot, two-unit residence with a 735-square-foot
internal accessory dwelling unit (ADU), a 354-square-foot attached two-car garage, and a
total of three carport spaces. The design also includes appurtenances such as hardscape
and landscaping (Project).
3. The Property is located within the Two-Unit Residential (R-2) Zoning District and the Two
Unit Residential (RT) General Plan Land Use Element category. The R-2 Zoning District
permits single- and two-unit residential dwellings. The existing three-unit residence is
considered nonconforming due to density. City records indicate that this Property has been
recognized as a three-unit residence since 1970.
4. The Property is located within the coastal zone. The Property is within the Two-Unit
Residential (R-2) Coastal Zoning District and Two Unit Residential (RT-D 20.0 – 29.9
DU/AC) Coastal Land Use Plan Category.
5. The Property is located with the Categorical Exclusion Area of the Coastal Zone as
designated by the California Coastal Commission (CCC). Properties within the Categorical
Exclusion Areas can be excluded from the requirements of the Coastal Act. However, the
Categorical Exclusion Area only applies to the development of single- and two-unit
residences. The Project is to construct a two-unit residence with an internal ADU; therefore,
the Project does not qualify for a Categorical Exclusion Order and a CDP is required.
6. A public hearing was held on August 29, 2024, online via Zoom. A notice of time, place,
and purpose of the hearing was given in accordance with the Newport Beach Municipal
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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.
2. Class 3 exempts the demolition of up to three single-unit residences and additions of up
to 10,000 square feet to existing structures. The Project is to demolish an existing three-
unit dwelling and construct a new two-unit residence with an internal ADU located in the
R-2 Coastal Zoning District within a developed neighborhood. Therefore, the Class 3
exemption is applicable.
3. The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The Project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 21.52.015(F) (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.
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 3,707 square feet and the proposed floor
area is 3,703 square feet.
b. The Project complies with the required setbacks, which are 5 feet along West
Balboa Boulevard, 3 feet along each side property line and 0 feet along the rear
alley.
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c. The highest guardrail/parapet is below 24 feet from established grade and the
highest ridge is below 29 feet from the established grade. The Project therefore
complies with all height requirements.
d. The Project provides a two-car garage and three carport spaces which comply
with the minimum parking requirements for a two-unit residence. The proposed
internal ADU does not require additional parking.
e. The Project proposes a minimum top of slab elevation of 9.0 feet based on the
North American Vertical Datum of 1988 (NAVD 88) which complies with the
minimum 9.0-foot NAVD 88 top of slab elevation requirement.
2. The Project is to demolish the existing three-unit residence on-site to construct a two-
unit residence and an internal ADU. As a result, the Project complies with the Housing
Crisis Act of 2019 and Senate Bill 8 (Skinner) because it does not result in the loss of
residential density. The State Department of Housing and Community Development
(HCD) has verified with the City in an email dated March 23, 2022, that an ADU is
considered a housing unit under Government Code Section 66300 provisions to replace
existing units. The Owner has certified that the units are not "protected" units under
Section 66330 Subdivision (d)(2). The Project is consistent with the General Plan, Local
Coastal Program, and Zoning designations that allow the two-unit and accessory
dwelling unit land uses. Under Coastal Land Use Plan Table 2.1.1-1, the Two Unit
Residential (RT) category is intended to provide primarily for two-unit residential
development such as duplexes or townhomes. Implementation Program (IP) Table
21.18-1 shows “Two-Unit Dwellings” and “Accessory Dwelling Units” as allowed uses in
the R-2 Coastal Zoning District. Therefore, the Project of a two-unit residence with an
internal ADU to replace the existing three-unit residence is consistent with the R-2
zoning and land use designations and does not result in a loss of residential density.
3. The neighborhood is developed with a range of single- and two-unit homes between one
and three stories. The Project’s three-story residence’s design, bulk, and scale of the
development is consistent with the existing neighborhood pattern of development and
expected future development.
4. The Property is not located within 200 feet of the water mean high tide line; therefore, a
Coastal Hazards Report was not prepared for this Project. The Property does not have
existing bulkhead and is not directly abutting the shoreline.
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 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 the CBC prior to building permit issuance.
6. The Property is not located adjacent to a coastal view road as identified in the Coastal
Land Use Plan. The Property is located approximately 200 feet from Veterans Memorial
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Park, which is identified as a Public Viewpoint by the Coastal Land Use Plan. Additionally,
the Project may be located within the viewshed of other distant public viewing areas. Site
evaluation revealed that the proposed three-story design is consistent with the existing
neighborhood pattern of development and will not affect the existing views afforded from
the surrounding streets. The Project will replace an existing three-unit residence with a
new two-unit residence and internal ADU that complies with all applicable Local Coastal
Program (LCP) development standards and maintains a building envelope consistent with
the existing neighborhood pattern of development. 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 Property is located on the Balboa Peninsula between the nearest public road and the
sea. 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 three-unit residence with a new two-unit residence
and internal ADU. 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 Project is designed and sited so as not to block or impede existing public
access opportunities.
2. Fact in Support of Finding A.2 is hereby incorporated by reference.
3. The Property is located between 15th Street and 16th Street, which are identified by the
Coastal Land Use Plan as having public beach access at their street ends. The Project
does not interfere with the existing nearby access to the beach, which will continue to be
provided. Lateral access to the beach is available along the West Ocean Front walking
path.
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 (Conversion or Construction 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 that the exceptions to the
Class 3 Exemption do not apply.
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2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. PA2023-0184, 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
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 29TH DAY OF AUGUST 2024
____________________________________________
Benjamin M. Zedeba, AICP, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project specific conditions are italicized)
Planning Division
1. The Project 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. The Project is subject to all applicable City ordinances, policies, and standards unless
specifically waived or modified by the conditions of approval.
4. 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.
5. 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 improvements in the vicinity or if the Property is operated or maintained
so as to constitute a public nuisance.
6. Coastal Development Permit No. PA2023-0184 shall expire and become void 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.
7. Prior to the issuance of a building permit, the property owner shall record a deed
restriction with the County Recorder’s Office, the form and content of which is
satisfactory to the City Attorney, prohibiting the use of the accessory dwelling unit for
short-term rentals (i.e., less than 30 days) and prohibiting the sale of the ADU separate
from the principal dwelling. This deed restriction shall remain in effect so long as the
accessory dwelling unit exists on the property.
8. 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.
9. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right-of-way.
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10. 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.
11. 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.
12. Debris from demolition shall be removed from work areas each day and removed from
the Property 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.
13. 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.
14. Prior to the issuance of building permits, 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.
15. 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.
16. The Applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA). In
compliance with the MBTA, grading, brush removal, building demolition, tree trimming, and
similar construction activities shall occur between August 16 and January 31, outside of
the peak nesting period. If such activities must occur inside the peak nesting season from
February 1 to August 15, compliance with the following is required to prevent the taking of
Native Birds pursuant to MBTA:
A. The construction area shall be inspected for active nests. If birds are observed flying
from a nest or sitting on a nest, it can be assumed that the nest is active. Construction
activity within 300 feet of an active nest shall be delayed until the nest is no longer
active. Continue to observe the nest until the chicks have left the nest and activity is no
longer observed. When the nest is no longer active, construction activity can continue
in the nest area.
B. It is a violation of state and federal law to kill or harm a native bird. To ensure
compliance, consider hiring a biologist to assist with the survey for nesting birds, and
to determine when it is safe to commence construction activities. If an active nest is
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found, 2 or 1 short follow-up surveys will be necessary to check on the nest and
determine when the nest is no longer active.
17. Construction activities shall comply with Section 10.28.040 (Construction Activity –
Noise Regulations) of the Newport Beach Municipal Code, which restricts hours of
noise-generating construction activities that produce noise 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.
18. Prior to the issuance of building permits, the Applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
19. 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.
20. 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 Luu Residence including, but not limited to, Coastal Development Permit
No. PA2023-0184. 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
21. Prior to issuance of building permits, the final WQHP/WQMP shall be reviewed and
approved by the Building Division. Implementation shall be in compliance with the
WQHP/WQMP, and any changes could require separate review and approval by the
Building Division.
22. Prior to the issuance of building permits, the Applicant shall submit a final drainage and
grading plan. The plan shall be subject to the review and approval by the Building
Division.
23. Prior to issuance of the building permits, a copy of the Resolution, including conditions
of approval Exhibit “A” shall be incorporated into the Building Division and field sets of
plans.
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24. Prior to the issuance of building permits, the Applicant shall submit a final construction
erosion control plan. The plan shall be subject to the review and approval by the Building
Division.
25. Prior to issuance of building permits, the Applicant shall submit a soils report which
include recommendations for construction on liquefiable soils. Additionally, the building
foundation shall comply with the minimum requirements of the City of Newport Beach
Building Code Policy CBC 1803.5.11-12.
Public Works Department
26. Public All improvements shall be constructed as required by Ordinance and the Public
Works Department.
27. An encroachment permit shall be required for all work activities within the public right-
of-way.
28. Existing broken and/or otherwise damaged concrete curb, gutter and sidewalk panels
along the West Balboa Boulevard frontage and any damaged concrete panels along the
alley frontages shall be reconstructed.
29. Each unit shall be served by its individual water service/meter and sewer
lateral/cleanout.
30. The elevation at the back of curb of the carports (portion closest to the alley) shall be a
minimum of 6-inches above the adjacent alley flowline.
31. All improvements shall comply with the City’s sight distance requirement. See City
Standard 100-L and NBMC Section 21.30.0130 (Traffic Safety Visibility Area).
32. In case of damage done to public improvements surrounding the Property by the private
construction, additional reconstruction within the public right-of-way could be required
at the discretion of the Public Works Inspector.
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Attachment No. ZA 2
Vicinity Map
16
03/13/2018
VICINITY MAP
Coastal Development Permit
PA2023-0184
1509, 1509 ½ and 1509 ¼ West Balboa Boulevard
Subject Property
17
Tmplt: 04/03/18
Attachment No. ZA 3
Project Plans
18
August 29, 2024, Zoning Administrator Item 2 Comments
These comments on a Newport Beach Zoning Administrator agenda item are submitted by:
Jim Mosher (jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229).
Item No. 2. Luu Residence Coastal Development Permit (PA2023-0184)
Handwritten page 8: Section 2.2 cites the Class 3 CEQA exemption, but the example given
refers to single-family residences, which this would not seem to be. The more relevant example
four in Section 15303 of the CEQA Guidelines would seem to be the one that follows that,
namely: “A duplex or similar multi-family residential structure, totaling no more than four
dwelling units. In urbanized areas, this exemption applies to apartments, duplexes and similar
structures designed for not more than six dwelling units.”
Handwritten page 9: Fact 3.A.1.c says “the highest ridge is below 29 feet from the established
grade,” but the Table 1 on page 3 says it is exactly 29 feet. Similarly, Fact 3.A.1.a on the
preceding page indicates the proposed development will be extremely close to the maximum
allowed square footage. Both of these would seem to need to be verified during construction.
Handwritten page 9: Fact 3.A.4 appears to contain a minor typo: “The Property is not located
within 200 feet of the water mean high tide line; therefore, a Coastal Hazards Report was not
prepared for this Project. The Property does not have an existing bulkhead and is not directly
abutting the shoreline.”
Zoning Administrator - August 29, 2024 Item No. 2a - Additional Materials Received
Luu Residence CDP (PA2023-0184)