HomeMy WebLinkAbout02_Zak Residence Modification Permit and Coastal Development Permit_PA2025-0051CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
June 12, 2025
Agenda Item No. 2
SUBJECT: Zak Residence (PA2025-0051)
▪Modification Permit
▪Coastal Development Permit
SITE LOCATION: 34 Castaways North
APPLICANT: Oscar Almendaraz
OWNER: Pete Zak
PLANNER: Melinda Whelan, Assistant Planner
949-644-3221 mwhelan@newportbeachca.gov
LAND USE AND ZONING
•General Plan Land Use Plan Category: Single Unit Residential Detached (RS-D)
•Zoning District: PC43 (Upper Castaways)
•Coastal Land Use Plan Category: Single Unit Residential Detached (RSD-A) (0.0 -
5.9 DU/AC)
•Coastal Zoning District: PC43 (Upper Castaways)
PROJECT SUMMARY
The applicant requests a modification permit to allow an addition to an existing single-unit
dwelling that is greater than 10% of the existing square footage. The existing single-unit
dwelling is nonconforming due to the dimensions of the existing garage. Title 20 (Planning
and Zoning) of the Newport Beach Municipal Code (NBMC) limits additions to a maximum
of 10% of the existing gross floor area when a residence has nonconforming parking. The
addition includes 390 square feet on the first floor and 710 square feet on the second
floor (1,100 square feet total), which is a 24% addition. The addition otherwise complies
with all applicable development standards and no other deviations are requested. Since
the project is located within the coastal zone, a coastal development permit is also
required.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301, Article 19 of Chapter 3, (Guidelines for Implementation of
the California Environmental Quality Act) under Class 1 (Existing Facilities) of the
Guidelines for CEQA, because it has no potential to have a significant effect on the
environment; and
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3) Adopt Draft Zoning Administrator Resolution No. _ approving the Modification Permit
and Coastal Development Permit filed as PA2025-0051 (Attachment No. ZA 1).
DISCUSSION
Land Use and Development Standards
• The subject property is in the Upper Castaways Planned Community Zoning District
(PC 43), which provides for single unit residential development and is consistent with
the City’s General Plan and Zoning Code. The property is developed with a two-
story, 4,640-square-foot single-unit dwelling, including an attached two-car garage
and a one-car garage. PC 43 does not limit the maximum allowed square footage
but includes a height limit and minimum setbacks. The project includes an addition
of 1,100 square feet for a total gross floor area of 5,740 square feet.
• PC 43 requires a minimum of two garage parking spaces per unit, with the size of
the garage specified by the residential parking standards of the Newport Beach
Municipal Code (NBMC) Section 20.40.090.A (Parking Standards for Residential
Uses). The subject lot is greater than 40 feet wide and requires a two-car garage
with minimum dimensions of 20 feet wide by 20 feet deep or two one-car garages
that are 10 feet wide by 20 feet deep.
Modification Permit
• The existing interior clear dimensions of the two-car garage is 20 feet, 1 inch wide by
18 feet 10-inches-deep; and the one-car garage is 10 feet wide by 17 feet, 3 inches
deep. These interior clear dimensions were approved with the original construction
of the dwelling. However, due to the updated Zoning Code development standards
of 20 feet wide by 20 feet deep interior clear dimensions (two-car garage) and 10
feet wide by 20 feet deep interior clear dimensions (single-car garage), the existing
dwelling is legal nonconforming. Neither garage meets the minimum depth
requirement.
• The property currently consists of one legal lot developed with a single-unit dwelling.
The neighborhood is predominantly developed with one- and two-story, single-unit
dwellings. The addition on the first floor will allow for a new butler’s pantry and a
new lounge area off of the kitchen. The addition on the second floor includes
bathrooms, an office, a new laundry room and a closet. The project complies with
all applicable development standards, including height, setbacks and floor area
(no maximum floor area within the PC regulations). The proposed design, bulk,
and scale of the development will not appear out of character from the surrounding
properties within the neighborhood.
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• NBMC Subsection 20.38.030(C) (Determination of Nonconformity) defines a “legal
nonconforming structure” as any structure that was lawfully erected but does not
conform with the current development standards for the zoning district in which it
is located by reason of adoption or amendment of the Zoning Code. The existing
structure is considered legal nonconforming as it was legally permitted, but is now
nonconforming due to the substandard interior garage dimensions. At the time of
construction in 1997, there were no minimum size requirements for parking spaces.
• NBMC Subsection 20.38.060(A)(2) (Nonconforming Parking - Residential) limits
additions to residential structures with nonconforming parking dimensions to 10%
of the existing gross floor area within any 10-year period. Larger additions may be
permitted subject to the approval of a modification permit. The applicant proposes
a 1,100 square foot addition (24% of the existing gross floor area) and leaving the
garage dimensions unchanged. Therefore, a modification permit is required for this
request.
• The proposed parking configuration will continue to accommodate the parking of
two vehicles within the garage and fulfills the intent of the Zoning Code.
Additionally, although a substandard space, the existing one-car garage does
provide an additional parking space for a smaller vehicle. PC 43 also requires two
guest spaces be provided on driveways with a minimum depth of 20 feet. The
existing driveway is 20 feet in depth by 20 feet wide and provides two uncovered
guest spaces. Demand for on-street parking in the neighborhood is not anticipated
to increase as a result of the project.
• An alternative to this proposal is to reduce the size of the addition to no more than
10% of the existing gross floor area of the structure as authorized under NBMC
Section 20.38.060(A) (Nonconforming Parking - Residential) or extend the existing
garage walls. Modifying the garage wall of the two-car garage is not feasible
because it will require removing the powder bathroom and reframing the garage,
which is not part of the project scope. Modifying the one-car garage is restricted
as the garage is oriented perpendicular to the side property line with the existing
exterior wall already abutting the setback line. Furthermore, the entry of the one-
car garage could not be pushed out because it would obstruct the existing entrance
to the dwelling. Additionally, the intent of the project is to provide more living area
for the residents. A redesign to reduce the size of the addition to 464 square feet
(i.e. 10% addition) or extend the garage walls significantly impact the objectives of
the project and would not provide similar benefits to the applicant.
Coastal Development Permit
• A coastal development permit is required because the property is in the coastal
zone between the first public road and the sea. The proposed development
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complies with applicable residential development standards including, but not
limited to, floor area limitation, setbacks, height, and parking. Since Title 21 does
not specify interior clear dimensions of the required two-car garage, findings from
Section 21.52.090 (Relief from Implementation Plan Development Standards) are
not required as part of the coastal development permit.
• The property is greater than 300 feet from the coastal bluff and bay, within a
developed block of residential dwellings. The addition does not have the potential
to impact coastal resources. The property has been developed for approximately
29 years.
• 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. Public access along the coastal
blufftop is provided by a public path along the bluff adjacent the bay approximately
240 feet south of the subject property. The proposed addition will not impact the
blufftop access and public pathway.
• The project site is within the gated community of PC 34 and over 300 feet from the
coastal bluff and bay with no potential impact to public access or recreation. There
are no existing or proposed public access routes on the property.
• The project site is not located adjacent to a coastal view road, public access way,
or Coastal Viewpoint as identified in the Coastal Land Use Plan. The nearest
coastal viewpoint is along the blufftop access approximately 470 feet south of the
subject property. The subject property is not visible from the viewpoint.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code
of Regulations, Title 14, Division 6, Chapter 3 because it has no potential to have a
significant effect on the environment. The exemption includes additions to existing
structures up to 50% of the floor area before the addition, or 2,500 square feet, whichever
is less. The proposed project includes a 1,100 square-foot addition and remodel to an
existing single-family residence with nonconforming interior parking dimensions in a
developed neighborhood with no potential impact on the environment.
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
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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:
Dlee/msw
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Justification Letter from Applicant
ZA 4 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, CALIFORNIA APPROVING A
MODIFICATION PERMIT AND COASTAL DEVELOPMENT
PERMIT FOR AN ADDITION GREATER THAN 10% TO A SINGLE-
UNIT DWELLING WITH A LEGAL NONCONFORMING GARAGE
LOCATED AT 34 CASTAWAYS NORTH (PA2025-0051)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Oscar Almendarez, concerning property located at 34
Castaways North, and legally described as Lot 44 in Tract 15012 requesting approval of a
modification permit.
2. The applicant requests a modification permit to allow an addition to an existing single-unit
dwelling that is greater than 10% of the existing square footage. The existing single-unit
dwelling is nonconforming due to the dimensions of the existing garage. Title 20 (Planning
and Zoning) of the Newport Beach Municipal Code (NBMC) limits additions to a maximum
of 10% of the existing gross floor area when a residence has nonconforming parking. The
addition includes 390 square feet on the first floor and 710 square feet on the second floor
(1,100 square feet total), which is a 24% addition. The addition otherwise complies with all
applicable development standards and no other deviations are requested. Since the
project is located within the coastal zone, a coastal development permit is also required.
3. The subject property is designated Single Unit Residential Detached (RS-D) by the
General Plan Land Use Element and is located within the PC43 (Upper Castaways) Zoning
District.
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Single Unit Residential Detached (RSD-A) (0.0 - 5.9 DU/AC) and it is located
within the PC43 (Upper Castaways) Coastal Zoning District.
5. A public hearing was held on June 12, 2025, online via Zoom. A notice of the time, place,
and purpose of the hearing was given in accordance with 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 exempt from the California Environmental Quality Act (CEQA) under Section
15301 under Class 1 (Existing Facilities) 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.
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2.The exemption includes additions to existing structures up to 50% of the floor area
before the addition, or 2,500 square feet, whichever is less. The proposed project
includes a 1,100 square-foot addition and remodel to an existing single-family residence
with nonconforming interior parking dimensions in a developed neighborhood with no
potential impact to the environment.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.050(E) (Modification Permits – Required Findings) of the
NBMC, the following findings and facts in support of such findings are set forth:
Finding:
A.The requested modification will be compatible with existing development in the
neighborhood.
Facts in Support of Finding:
1.The surrounding neighborhood is comprised of one- and two-story single-unit dwellings.
The Modification Permit will allow an addition to the existing two-story, single-unit
dwelling, which is compatible with other properties in the neighborhood. The Project
includes an addition on the first floor for a butler’s pantry and a lounge area off the
kitchen. The addition on the second floor includes bathrooms, an office, a laundry room
and a closet. The density or intensity does not change as a result of the project.
2.The proposed addition will result in a total floor area of 5,740 square feet (including the
687-square-foot garage). The resulting bulk and scale of the Project is compatible with
other single-unit dwellings within the neighborhood.
Finding:
B.The granting of the modification is necessary due to the unique physical characteristic(s)
of the property and/or structure, and/or characteristics of the use.
Facts in Support of Finding:
1.The existing interior clear dimensions of the property’s two-car garage is approximately
20 feet, 1 inch wide by 18 feet 10-inches-deep; and the one-car garage is 10 feet wide
by 17 feet, 3 inches deep. These interior clear dimensions were approved with the
original construction of the dwelling. However, due to the updated Zoning Code
development standards of 20 feet wide by 20 feet deep interior clear dimensions (two-
car garage) and 10 feet wide by 20 feet deep interior clear dimensions (single-car
garage), the existing dwelling now has nonconforming parking spaces. Neither garage
meets the minimum depth requirement.
2.NBMC Subsection 20.38.030(C) (Determination of Nonconformity – Nonconforming
Structure) defines a “legal nonconforming structure” as any structure that was lawfully
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erected but does not conform with the current development standards for the zoning
district in which it is located by reason of adoption or amendment of the Zoning Code.
The existing structure is considered legal nonconforming as it was legally permitted but is
now nonconforming due to the substandard interior garage dimensions. At the time of
construction in 1997, there were no minimum size requirements for parking spaces.
3. Modifying the garage wall of the two-car garage is not feasible because it will require
removing the powder bathroom and reframing the garage, which is not part of the project
scope. Modifying the one-car garage is restricted as the garage is oriented perpendicular
to the side property line with the existing exterior wall already abutting the setback line.
Furthermore, the entry of the one-car garage could not be pushed out because it would
obstruct the existing entrance to the dwelling. These changes would significantly impact
the objectives, costs and scope of the project without benefit to the applicant.
4. The granting of the modification permit is necessary to allow a reasonable addition to
an existing dwelling that was constructed in compliance with garage standards in effect
at the time of original construction, and that are adequate in width for the parking of two
vehicles.
Finding:
C. The granting of the modification is necessary due to practical difficulties associated with
the property and that the strict application of the Zoning Code results in physical
hardships that are inconsistent with the purpose and intent of the Zoning Code
Facts in Support of Finding:
1. Facts in Support of Finding B are hereby incorporated by reference.
2. Relocating the interior walls 14 inches to achieve the 20-feet clear depth would eliminate
the existing powder bathroom that is part of the original construction of the single-unit
dwelling. Modifying the one-car garage depth is restricted due to the orientation of the
existing garage that is perpendicular and abutting the minimum side setback. The one-
car garage entrance is also adjacent to the existing entrance to the dwelling, leaving no
space to push out.
3. A redesign to reduce the size of the addition to 464 square feet (i.e. 10% addition) or
extend the garage walls significantly impact the objectives of the project and would not
provide similar benefits to the applicant. These alternatives would be contrary to the
purpose of the Project and would be costly to implement.
Finding:
D. There are no alternatives to the modification permit that could provide similar benefits
to the applicants with less potential detriment to surrounding owners and occupants, the
neighborhood, or to the general public.
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Facts in Support of Finding:
1. Fact 2 of Finding C is hereby incorporated by reference.
2. The intent of the Project is to provide additional living areas on the first level towards the
middle and rear of the existing structure; and on the second level second floor
reorienting and adding bathrooms and adding an office and laundry room. A redesign to
reduce the size of the addition to 464 square feet will significantly impact the objectives
of the Project and would not provide similar benefits to the homeowner.
Finding:
E. The granting of the modification would not be detrimental to public health, safety, or
welfare, to the occupants of the property, nearby properties, the neighborhood, or the
City, or result in a change in density or intensity that would be inconsistent with the
provisions of this Zoning Code.
Facts in Support of Finding:
1. The Project conforms to all applicable development standards, including floor area limit,
setbacks, and height, and will provide adequate protection for light, air, and privacy. The
Project is consistent in scale with other dwellings in the neighborhood.
2. The Project maintains more than the minimum three-foot side yard for emergency
access in accordance with NBMC Section 20.30.110 (Setbacks Regulations and
Exceptions), Subsection A(1)(c).
3. The approval of this Project is conditioned such that the Applicant is required to obtain
all necessary permits in accordance with the Building Code and other applicable Codes.
4. The Property includes a driveway adequate in size which measures 20 feet wide by 20
feet deep to accommodate parking for the two guest parking spaces per unit pursuant
to the PC 43 regulations, thereby minimizing demand for on-street parking.
Coastal Development Permit
By 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:
F. That the proposed project conforms to all applicable sections of the certified Local
Coastal Program.
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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. There is no maximum floor area limitation in PC 43 (Upper Castaways) Planned
Community.
b. The proposed development provides the minimum required setbacks, which are
10 feet along the front property line, 5 feet along each side property line or 10
feet on one side and 0 on the other, and 10 feet along the rear property line.
c. 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-family residences within
the PC 43 (Upper Castaways) Planned Community. Since Title 21 does not
specify interior clear dimensions of the required two-car garage, findings from
Section 21.52.090 (Relief from Implementation Plan Development Standards)
are not required as part of the coastal development permit.
2. The neighborhood is predominantly developed with two-story, single-family residences.
The proposed design, bulk, and scale of the development are consistent with the existing
neighborhood pattern of development.
3. 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.
4. The project site is not located adjacent to a coastal view road, public access way, or
Coastal Viewpoint as identified in the Coastal Land Use Plan. The nearest coastal
viewpoint is along the blufftop access approximately 470 feet south of the subject property.
The subject property is not visible from the viewpoint.
5. The proposed addition is for a property located within a developed neighborhood in a
gated community, and over 300 feet from the coastal bluff and bay with no potential
impact to coastal resources. Given its inland location, the existing property does not
include nor propose shoreline protective devices.
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6. No natural or cultural resources are located on the site, which has been developed for
approximately 29 years.
Finding:
G. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is between the nearest public road and the sea or shoreline of
any body of water located within the coastal zone.
Facts in Support of Finding:
1. The project site is located between the nearest public road and the sea or shoreline.
Implementation Plan Section 21.30A.040 requires that the provision of public access bear
a reasonable relationship between the requirement and the project’s impact, and be
proportional to the impact. Public access along the coastal blufftop is provided by a public
path along the bluff adjacent the bay approximately 240 feet south of the subject
property. The proposed addition will not impact the blufftop access and public pathway.
2. The project site is within the gated community of PC 43 and over 300 feet from the
coastal bluff and bay with no potential impact to public access or recreation. There are
no existing or proposed public access routes on the property.
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
15301 under Class 1 (Existing Facilities) 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 Modification
Permit and Coastal Development Permit filed as PA2025-0051, 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 a call for review is filed with the
Community Development Director by the provisions of Title 20 Planning and Zoning, of
the Newport Beach Municipal Code.
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PASSED, APPROVED, AND ADOPTED THIS 12th DAY OF JUNE 2025.
_____________________________________
Liz Westmoreland, AICP, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
Planning Division
1. The development shall be in substantial conformance with the approved site plan, floor
plans, and building elevations stamped and dated with the date of this approval (except as
modified by applicable conditions of approval).
2. The project is subject to all applicable City ordinances, policies, and standards unless
specifically waived or modified by the conditions of approval.
3. 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 cause the revocation of this
Modification Permit and Coastal Development Permit.
4. This Modification Permit and 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, welfare, or
materially injurious to property or improvements in the vicinity or if the property is
operated or maintained to constitute a public nuisance.
5. The project shall require the approval of a building permit for the proposed construction.
6. Any change to the approved plans shall require review by the Planning Division. An
amendment to or the processing of a new modification permit may be required.
7. A copy of the Resolution, including conditions of approval Exhibit “A” shall be
incorporated into the Building Division and field sets of plans before issuance of the
building permits.
8. Each parking space within the garage shall be permanently available and maintained
for parking purposes. The interior clear dimensions (20 feet 1 inch wide by 18 feet 10
inches deep) shall be kept clear of obstructions including cabinets, shelving, or similar
that may impact the ability to adequately park two vehicles.
9. 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:
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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.
10. 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.
11. 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.
12. 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.
13. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
14. 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.
15. 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,
and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are
not allowed on Sundays, or Holidays.
16. Before 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.
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17. 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 leasing agent.
18. This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved in
compliance with the provisions of Title 20 (Planning and Zoning) of the Newport Beach
Municipal Code.
19. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold
harmless the City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any claims, demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and
expenses (including without limitation, attorney’s fees, disbursements, and court costs) of
every kind and nature whatsoever which may arise from or in any manner relate (directly
or indirectly) to City’s approval of Zak Residence including, but not limited to,
Modification Permit and Coastal Development Permit filed as PA2025-0051. 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 the such proceeding. The applicant shall indemnify
the City for all the City's costs, attorneys' fees, and damages that 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.
Building Division Requirements
20. The building permit plans shall comply with the California Residential Code 2022.
16
Attachment No. ZA 2
Vicinity Map
17
VICINITY MAP
Modification Permit and Coastal Development Permit
PA2025-0051
34 Castaways North
Subject Property
18
Attachment No. ZA 3
Project Justification Letter from Applicant
19
March 14th 2025
PROJECT DESCRIPTION AND JUSTIFICATION
To Whom It May Concern,
On behalf of homeowners Pete and Kimberly Zak, residing at 34 Castaways North, I, Oscar
Almendarez, client representative, am submitting an application for a Coastal Development
Permit and a Modification Permit.
Coastal Development Permit
This project involves the expansion of the existing living space over two floors, adding a total of
1,100 square feet to the building. The new construction is intended to improve the functionality
and layout of the space, incorporating dedicated areas for media, storage, and personal living.
The project is not located on a coastal bluff, nor does it impact any views.
● Lower Floor Addition: 390 sq.ft.
● Upper Floor Addition: 710 sq.ft.
Modification Permit
The proposed modification pertains to an existing two-car garage that does not currently meet
the required zoning standards for clear dimensions of 20' x 20'. The issue is due to an existing
powder room sink that encroaches into the garage area, occupying approximately 1'–10" by
3'–4" (a total of 6 square feet). This minor encroachment results in a slight reduction of the
garage’s usable area, causing it to no longer meet the current zoning standard for a two-car
garage. The applicant seeks a modification to allow the garage to remain as-is, maintaining its
current dimensions and functional layout. The financial cost to expand the garage to meet the
zoning standard is deemed prohibitive.
Thank you for your consideration of this request. Please feel free to contact me if you require
further information or clarification.
Sincerely,
Oscar Almendarez
Applicant
951-990-4834
oz.almendarez@gmail.com
20
Attachment No. ZA 4
Project Plans
21
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From: Jim Mosher <jimmosher@yahoo.com>
Sent: June 11, 2025 10:34 AM
To: CDD
Subject: Comment on ZA Item 2 (June 12, 2025, meeting)
Regarding Item 2 ( Zak Residence Modification Permit and Coastal Development
Permit, PA2025-0051) on the June 12, 2025, Zoning Administrator agenda:
Since the action now involves approval of a coastal development permit, shouldn't
Section 4.3 on handwritten page 12 indicate that in addition to an appeal pursuant to
NBMC Title 20, an appeal is also possible under Title 21?
-- Jim Mosher
Zoning Administrator - June 12, 2025 Item No. 2a - Additional Materials Received Zak Residence Modification Permit and Coastal Development Permit (PA2025-0051)