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HomeMy WebLinkAboutZA2025-034 - APPROVING A COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING SINGLEUNIT DWELLING AND ACCESSORY STRUCTURES ACROSS TWO LOTS, MERGE TWO LOTS, AND CONSTRUCT A NEW TWO-STORY SINGLE-UNIT DWELLING, A DETACHED CARRIAGE HOUSE, INTERNAL ACCESSORY DW01-10-2023 RESOLUTION NO. ZA2025-034 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 ACCESSORY STRUCTURES ACROSS TWO LOTS, MERGE TWO LOTS, AND CONSTRUCT A NEW TWO-STORY SINGLE-UNIT DWELLING, A DETACHED CARRIAGE HOUSE, INTERNAL ACCESSORY DWELLING UNIT, AND THREE ONE-CAR GARAGES LOCATED AT 2100 AND 2102 EAST BALBOA BOULEVARD (PA2025-0007) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by CAA Planning (Applicant) on behalf of Bay House 2100, LLC (Owner), concerning property located at 2100 and 2102 East Balboa Boulevard and legally described as Parcel 3 and 4 of Resubdivision No. 250 (Property), requesting approval of a coastal development permit (CDP) and lot merger. 2. The Applicant requests a CDP to demolish a 9,158-square-foot, single-unit dwelling and accessory structures located across two lots and a lot merger to combine the lots into a single lot. The Applicant proposes to construct a 16,211-square-foot, two-story single-unit dwelling with a 2,730-square-foot basement, and a detached 3,752-square-foot carriage house with a 994 square-foot internal accessory dwelling unit (ADU). The structures include three one-car garages for the single-unit dwelling. The project includes landscape, hardscape, and subsurface drainage facilities all within the confines of private property (Project). 3. The Property is bisected by the coastal permit jurisdiction boundary resulting in a portion of the lot merger and front patio accessory improvements, the bulkhead improvements, and dock improvements within California Coastal Commission’s (CCC) permit jurisdiction. This CDP is intended to cover portions of the project within the City’s permit authority as designated in the Local Coastal Program (Title 21 of the Newport Beach Municipal Code). 4. The Property is designated Single Unit Residential Detached (RS-D) by the General Plan Land Use Element and is located within the Single-Unit Residential (R-1) Zoning District. 5. The Property is located within the coastal zone. The Coastal Land Use Plan (CLUP) category is Single Unit Residential Detached – (6.0 – 9.9 DU/AC) (RSD-B) and it is located within the Single-Unit Residential (R-1) Coastal Zone District. 6. 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 by the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to and considered by, the Zoning Administrator at this hearing. Zoning Administrator Resolution No. ZA2025-034 Page 2 of 16 01-10-2023 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This Project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction and Conversion of Small Structure) and Section 15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 2. Class 3 exempts the demolition and construction of up to three single-unit dwellings in an urbanized area. The Project consists of the demolition of one single-unit dwelling and accessory structures and the construction of a new 20,957-square-foot, two-story single- unit dwelling that includes a basement, detached carriage house, internal ADU, and three one-car garages. 3. The Class 15 exemption allows the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and Zoning; no variances or exceptions are required; all services and access to the proposed parcels are available; the parcel was not involved in a division of a larger parcel within the previous two years; and the parcel does not have an average slope greater than 20%. This exemption includes a minor lot merger not resulting in the creation of any new parcel that complies with the conditions specified above. The Project includes a lot merger to combine two lots into a single lot by eliminating the lot line between the two lots. 4. The exceptions to Class 3 under Section 15300.2 are not applicable. The Property 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. Coastal Development Permit In accordance with Section 21.52.015(F) (Coastal Development Permits - Findings and Decision) of the NBMC, the following findings, and facts in support of such findings are set forth: Finding: A. Conforms to all applicable sections of the certified Local Coastal Program (LCP). Facts in Support of Finding: 1. The Project complies with applicable residential development standards including, but not limited to, floor area limitation, setbacks, height, and parking. Zoning Administrator Resolution No. ZA2025-034 Page 3 of 16 01-10-2023 a. The Property consists of two lots that will be combined for a total lot area of 31,350 square feet. The maximum floor area limitation after the lots are merged is 50,055 square feet and the proposed total floor area is 18,539 square feet. b. The Project provides the minimum required setbacks, which are 30 feet along the front property line abutting Newport Harbor, 0 feet along the front property line abutting East Balboa Boulevard, and 4 feet along each side property line. c. The highest guardrail is less than 24 feet from the established grade (11.43 feet NAVD88 for the main residence and 10.19 feet NAVD88 for the carriage house) 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 three vehicles, complying with the minimum three-car garage parking requirement for single-unit dwellings with more than 4,000 square feet of habitable floor area. The internal ADU does not require parking. 2. The neighborhood is predominantly developed with one- and two-story, single-unit dwellings. The proposed design, bulk, and scale of the development are consistent with the existing neighborhood pattern of development. 3. A Coastal Hazards Report and Sea Level Rise Analysis was prepared by PMA Consulting, Inc. dated March 18, 2024, for the Project. The current maximum bay water elevation is 7.7 NAVD88 (North American Vertical Datum of 1988) and may exceed the existing 8.7 feet NAVD88 top of bulkhead elevation during high tide or storm events. The report analyzes future sea level rise scenarios, assuming a 3.2-foot increase in the maximum water level over the next 75 years (i.e. the life of the structure). Therefore, the sea level is estimated to reach approximately 10.9 feet NAVD88 (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). 4. On March 23, 2021, the City Council approved updated Waterfront Project Design Guidelines and Standards, Harbor Design Criteria Commercial & Residential Facilities. The guidelines require that any bulkhead structure permitted within the years 2021 through 2025 must have a minimum bulkhead elevation of 10.9 feet NAVD88 with a design for adaptability elevation of 14.4 feet NAVD88. The project has been conditioned to raise the bulkhead to an elevation of 10.9 feet NAVD88. PMA Consulting, Inc. has confirmed the bulkhead design can be raised to 14.4 feet NAVD88 if needed and in compliance with the updated guidelines. 5. A CDP (Application No. 5-24-0359) was approved by the California Coastal Commission on March 13, 2025, with conditions requiring reinforcement and raising of the two existing bulkheads through the installation of 12 tiebacks, two 30-inch diameter caissons, two 132 square-feet trench drains, and a 2.2-foot-tall concrete wall atop the Zoning Administrator Resolution No. ZA2025-034 Page 4 of 16 01-10-2023 existing bulkheads. The CDP also includes a like-for-like replacement of two 20-square -foot wooden stairways atop the existing bulkheads and 16 cubic yards of cut and no fill. 6. Once the existing seawall/bulkhead is reinforced and raised per Application No. 5-24- 0359 to an elevation of 10.9 feet NAVD88 minimum, flooding, wave runup, and erosion will not significantly impact this property over the proposed 75-year economic life of the development. Flood shields (sandbags and other barriers) can be deployed across the openings to protect and prevent flooding to the structure. The report concludes that the proposed project will be safe from flooding hazards for the next 75 years with the reinforced/capped bulkhead. 7. The finished floor elevation is 11.33 feet NAVD88 for the main residence and 11-feet NAVD88 for the carriage house, which complies with the minimum 9.00 feet NAVD88 elevation standard. The Coastal Hazard Report concludes that the bay water elevation (currently 7.7 feet NAVD88) will not exceed the proposed seawall for the anticipated 75- year life of the structure. 8. Pursuant to Section 21.30.030(C)(3)(i)(iv) (Bulkheads for nonresidential and residential waterfront development) of the NBMC, the 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 9. The 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 Section 21.30.015(D)(3)(c) (General Site Planning and Development Standards) of the NBMC. This requirement is included as a condition of approval that will need to be satisfied prior to issuance of building permits. 10. 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. 11. The Property is located adjacent to coastal waters. A Construction Erosion Control Plan was provided to implement temporary Best Management Practices (BMPs) during construction to minimize erosion and sedimentation and to minimize pollution of runoff and coastal waters derived from construction chemicals and materials. The Project also addresses water quality through the inclusion of a post-construction drainage system that includes drainage and percolation features designed to retain dry weather and minor rain event runoff on-site. Any water not retained on-site is directed to the City’s storm drain system. Zoning Administrator Resolution No. ZA2025-034 Page 5 of 16 01-10-2023 12. Pursuant to Section 21.35.050 (Water Quality and Hydrology Plan) of the NBMC, due to the proximity of the development to the shoreline and the development containing more than 75% of impervious surface area, a Water Quality and Hydrology Plan (WQHP) is required. A preliminary WQHP has been prepared for the project by LC Engineering Group, Inc. dated, April 11, 2025. The WQHP includes a polluted runoff and hydrologic site characterization, a sizing standard for BMPs, the use of a Low Impact Development (LID) approach to retain the design storm runoff volume on-site, and documentation of the expected effectiveness of the proposed BMPs. 13. Proposed landscaping complies with Section 21.30.075 (Landscaping) 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. 14. The Property is located approximately 1,400 feet northwest of the West Jetty View Park, which is a designated public viewpoint in the CLUP and offers public views of Newport Harbor. Additionally, there are two viewpoints across Newport Harbor at Begonia Park and the intersection of Carnation Avenue and Ocean Boulevard that are over 1,500 feet away from the Property. The Project does not obstruct any views of Newport Harbor from West Jetty View Park and the Property is obstructed from view at West Jetty View Park by the rows of residential development along Channel Road. Additionally, there is a designated viewpoint on Bayside Drive between 2323 Bayside Drive and 115 and 117 Bayside Place that overlooks Newport Harbor. The public viewpoints across Newport Harbor are at a far enough distance where the Property is not within these viewsheds, and the Project does not obstruct any views at these viewpoints. The Project proposes a single-unit dwelling and an ADU that conforms to the maximum allowed height for the Zoning District and will not disrupt the pattern of development in the neighborhood that would affect the view from any designated public viewpoint. 15. The CLUP designates Ocean Boulevard as the closest Coastal View Road that is located over 1,500 feet away from the Property across Newport Harbor. Similar to the two public viewpoints across Newport Harbor, the Project does not obstruct any public viewpoints, and the Property cannot be seen across the horizon of Newport Harbor. 16. The Project proposes to demolish the existing single-unit dwelling across two lots, merge the two lots into a single lot, and construct a single-unit dwelling and internal ADU. The Project is consistent with the General Plan, Local Coastal Program, and Zoning designations that allow the single-unit dwelling and accessory dwelling unit land uses. Under the Coastal Land Use Plan Table 2.1.1-1, the Single Unit Residential Detached (RSD-B) category is intended for single-unit dwelling development. Section 21.18.020 of the Local Coastal Program Implementation Plan shows “Single-Unit Dwellings” and “Accessory Dwelling Units” as allowed uses in the R-1 Coastal Zoning District. Therefore, the project of a single-unit dwelling and ADU to replace an existing single- unit dwelling is consistent with the R-1 zoning and land use designations, does not result in a loss of residential density after the lots are merged, and will not affect the City in meeting its regional housing needs. Zoning Administrator Resolution No. ZA2025-034 Page 6 of 16 01-10-2023 Finding: B. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. Fact in Support of Finding: 1. The Property is located between the nearest public road and the sea or shoreline. Section 21.30A.040 (Determination of Public Access/Recreation Impacts) of the NBMC requires that the provision of public access bear a reasonable relationship between the requirement and the Project’s impact and be proportional to the impact. In this case, the Project will merge two lots that are currently being used as a single lot with one single-unit dwelling, garage, and accessory structures, and replace it with a single-unit dwelling and carriage house with an internal ADU. The ADU is less than 1,000 square-feet in size and is an accessory use to the primary dwelling. Therefore, the Project does not involve a change in land use, density, or intensity that will result in increased demand for public access and recreation opportunities. Furthermore, the Project is designed and sited (appropriate height, setbacks, etc.) so as not to block or impede existing public access opportunities. 2. Vertical access to the bay and beach is available at streets ends throughout the Balboa Peninsula with the closest being K Street approximately 530 feet West of the Property. Lateral access is available on the beach along the south side of the Balboa Peninsula. Additionally, vertical and lateral access is available along Channel Road at the end the Balboa Peninsula, as this area has a sandy beach area, and a pier located approximately 460 feet East of the Property. The Project does not include any features that would obstruct access along these routes. Lot Merger In accordance with Section 19.68.030(H) (Lot Mergers – Required Findings) of the NBMC, the following findings, and facts in support of such findings are set forth: Finding: C. Approval of the merger will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed lot merger is consistent with the legislative intent of this title; and Fact in Support of Finding: 1. The Project is consistent with the purpose and intent of Section 19.04.020 (Purpose and Applicability) of Title 19 (Subdivisions) of the NBMC. The lot merger will not result in the creation of additional parcels by removing the interior lot line between them and will ensure all development is contained within the Property. Zoning Administrator Resolution No. ZA2025-034 Page 7 of 16 01-10-2023 2. Development of the Property will be subject to Title 20 (Planning and Zoning) of the NBMC, which is intended to promote orderly development, protect neighborhood character, and preserve public health, safety, and general welfare of the City. 3. The Project has been reviewed by the Building Division, Fire Department, and Public Works Department and conditions of approval are included to ensure any potential conflicts with the surrounding area are minimized to the greatest extent possible. Finding: D. The lots to be merged are under common fee ownership at the time of the merger. Fact in Support of Finding: 1. The two lots to be merged are under common fee ownership, as evidenced by the Preliminary Title Report submitted with the application. Finding: E. The lots as merged will be consistent or will be more closely compatible with the applicable zoning regulations and will be consistent with other regulations relating to the subject property including, but not limited to, the General Plan and any applicable Coastal Plan or Specific Plan. Facts in Support of Finding: 1. The Land Use Element of the General Plan designates the two lots as Single Unit Residential Detached (RS-D), which applies to a range of single-family residential dwelling units. Additionally, both parcels are located within the Single-Unit Residential (R-1) zoning district, consistent with the surrounding area. The R-1 Zoning District is intended to provide areas appropriate for a detached single-family residential dwelling unit located on a single legal lot. 2. The CLUP designates both properties as Single Unit Residential Detached (6.0 – 9.9 DU/AC) (RSD-B), which provides for density ranging from 6.0 – 9.9 dwelling units per acre. The Property is 31,350 square feet (0.71 acres) after the two lots are merged. However, the density ranges are not intended to establish minimum densities on individual sites, but rather to evaluate neighborhoods on a regional scale. Title 21 (Local Coastasl Program Implementation Plan) of the NBMC does not include development standards that require residential structures to adhere to any minimum density limits (Table 21.18-2). The Properties are currently being used as one lot with a single-unit dwelling at 2102 East Balboa Boulevard while 2100 East Balboa Boulevard is developed with a garage and accessories structures supporting the single-unit dwelling. The Project will construct a single-unit dwelling and carriage house with an internal ADU across the two lots and the merger is consistent with the land use designations of the CLUP. A CDP, CDP waiver, or Zoning Administrator Resolution No. ZA2025-034 Page 8 of 16 01-10-2023 other documentation will be required to be provided by the California Coastal Commission as a portion of the lots to be merged are located within their permit jurisdiction. 3. Section 20.18.030 (Residential Zoning Districts General Development Standards) of the NBMC establishes minimum lot area and width requirements. The proposed merger would result in a 31,350-square-foot parcel that is in conformance to the minimum 6,000-square foot corner lot area standard of the NBMC. Also, the proposed merger would create one approximately 107-foot-wide parcel, exceeding the minimum 60-foot interior lot width standard pursuant to Chapter 20.70 (Definitions) of the NBMC. 4. The Properties are not located within a specific plan area. Finding: F. Neither the lots as merged nor adjoining parcels will be deprived of legal access as a result of the merger. Fact in Support of Finding: 1. Legal access to the merged parcels would be provided along East Balboa Boulevard along the front of the Property and Seville Avenue and East Bay Avenue along the side of the Property and will remain unchanged if the parcels are merged. 2. The lot merger will not deprive the adjacent parcels with legal access. Adjacent parcels will maintain the same legal access either from East Balboa Boulevard, Seville Avenue, or East Bay Avenue. Finding: G. The merged lots will be consistent with the pattern of development nearby and will not result in a lot width, depth or orientation, or development site that is incompatible with nearby lots. In making these findings, the review authority may consider the following: i. Whether the development of the merged lots could significantly deviate from the pattern of development of adjacent and/or adjoining lots in a manner that would result in an unreasonable detriment to the use and enjoyment of other properties. ii. Whether the merged lots would be consistent with the character or general orientation of adjacent and/or adjoining lots. iii. Whether the merged lots would be conforming or in greater conformity with the minimum lot width and area standards for the zoning district. Facts in Support of Finding: 1. Any future development on the merged lots will be required to meet all applicable development standards and, therefore, will not significantly deviate from the pattern of Zoning Administrator Resolution No. ZA2025-034 Page 9 of 16 01-10-2023 development of adjacent and/or adjoining lots in a manner that would result in an unreasonable detriment to the use and enjoyment of other properties. 2. The Project will create a parcel that is consistent with the character or general orientation of adjacent and/or adjoining lots. Although the current configuration of the property includes two lots, the property is used like a single parcel with one single-unit residence since at least 2019. As a result, the proposed merger will not result in a visible change in the character of the neighborhood and will continue to allow the property to be used as a single-unit property. 3. The Project will create a parcel that conforms to the minimum lot width and area standards for the zoning district and will be developed subject to the development standards for the zoning district. 4. The Property will have a lot size of approximately 31,350 square-feet and a width of approximately 83-feet after the lot merger. The property at 2106 East Balboa Boulevard, which is two properties over from the subject Property, is approximately 22,288 square- feet with a width of approximately 83-feet and was originally comprised of underlying lots before it was merged into a larger parcel and developed with a single-unit dwelling. Likewise, the property at 2124 East Balboa Boulevard is approximately 13,959 square- feet with a width of approximately 80-feet and is comprised of two underlying lots that is developed with a single-unit dwelling. Although the Property has a deeper length that contributes to a greater lot size, the width of the lot is comparable to other lots in the vicinity when traveling along East Balboa Boulevard. The Project would not significantly deviate from the pattern of development in the area as viewed from the public right-of- way. In accordance with Section 19.08.30.(A)(3) (Waiver of Parcel Map Requirement – Activities Eligible for Waiver) of the NBMC, the Zoning Administrator may approve a waiver of the parcel map requirement in cases where no more than three parcels are eliminated. The following finding and facts in support of such findings are set forth: Finding: H. The proposed division of land complies with requirements as to area, improvement and design, flood water drainage control, appropriate improved public roads and property access, sanitary disposal facilities, water supply availability, environmental protection, and other applicable requirements of this title, the Zoning Code, the General Plan, and any applicable Coastal Plan or Specific Plan. Facts in Support of Finding: 1. Approval of the Project would remove the existing interior lot line, and allow the Property to be used as a single site. The proposed lot would comply with all design standards and improvements required for new subdivisions of Title 19 (Subdivisions) of the NBMC, the General Plan, and the Coastal Land Use Plan. 2. The Properties are not located within a specific plan area. Zoning Administrator Resolution No. ZA2025-034 Page 10 of 16 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 and Conversion of Small Structure) and Section15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 because it has no potential to have a significant effect on the environment. 2. The Zoning Administrator of the City of Newport Beach hereby approves the Coastal Development Permit and Lot Merger filed as PA2025-0007, 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 12th DAY OF JUNE 2025. _____________________________________ Liz Westmoreland, AICP, Zoning Administrator Zoning Administrator Resolution No. ZA2025-034 Page 11 of 16 01-10-2023 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. Prior to the final building permit inspection, the existing seawall shall be reinforced and capped to 10.90 feet NAVD88 and capable of being raised up to 14.4 feet NAVD88, in compliance with the City of Newport Beach Waterfront Project Guidelines and Standards, Harbor Design Criteria Commercial & Residential Facilities and pursuant to Coastal Development Permit No. 5-24-0359 approved by the California Coastal Commission (CCC) dated March 13, 2025. 3. Prior to issuance of building permits, a Fair Share Fee for the accessory dwelling unit (ADU) shall be paid in accordance with the fee effective at the time of payment. 4. Prior to the issuance of building permits, 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., up to 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. 5. Prior to final building permit inspection, an agreement in a form approved by the City Attorney between the property owner and the City shall be executed and recorded waiving rights to the construction of future shoreline protection devices 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. Alternatively, and if required by the CCC, the agreement may be recorded between the property owner and the CCC that equally satisfies the above provisions. A copy of this recorded agreement shall be provided to the Planning Division. 6. Prior to the issuance of a building permit, the property owner shall submit a notarized signed letter acknowledging all hazards present at the site, assuming the risk of injury or damage from such hazards, unconditionally waiving any claims of damage against the City from such hazards, and to indemnify and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and expenses (including without limitation, attorney’s fees, disbursements, and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the City’s approval of the development. Zoning Administrator Resolution No. ZA2025-034 Page 12 of 16 01-10-2023 7. This approval does not authorize any new or existing improvements (including landscaping) within California Coastal Permit Jurisdiction, State tidelands, public beaches, or the public right-of-way. Any improvements located on tidelands, submerged lands, and/or lands that may be subject to the public trust shall require a coastal development permit (CDP) approved by the California Coastal Commission (CCC). Prior to the issuance of building permits, the Applicant shall provide a copy of said CDP, CDP waiver, or documentation from the CCC that subject improvements are not subject to the permit requirements of the Coastal Act and/or not located within the permit jurisdiction of the CCC. 8. 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. 9. This CDP does not authorize any development seaward of the private property. 10. This Coastal Development Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 21.54.060 (Time Limits and Extensions) of the NBMC, unless an extension is otherwise granted. 11. The Applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA). In compliance with the MBTA, grading, brush removal, building demolition, tree trimming, and similar construction activities shall occur between August 16 and January 31, outside of the peak nesting period. If such activities must occur inside the peak nesting season from February 1 to August 15, compliance with the following is required to prevent the taking of native birds under MBTA: A. The construction area shall be inspected for active nests. If birds are observed flying from a nest or sitting on a nest, it can be assumed that the nest is active. Construction activity within 300 feet of an active nest shall be delayed until the nest is no longer active. Continue to observe the nest until the chicks have left the nest and activity is no longer observed. When the nest is no longer active, construction activity can continue in the nest area. B. It is a violation of state and federal law to kill or harm a native bird. To ensure compliance, consider hiring a biologist to assist with the survey for nesting birds, and to determine when it is safe to commence construction activities. If an active nest is found, one or two short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active. 12. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 13. The Project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. Zoning Administrator Resolution No. ZA2025-034 Page 13 of 16 01-10-2023 14. The Applicant shall comply with all federal, state, and local laws. A material violation of any of those laws in connection with the use may be caused by the revocation of this Coastal Development Permit. 15. This Coastal Development Permit may be modified or revoked by the Zoning Administrator if determined that the proposed uses or conditions under which it is being operated or maintained are detrimental to the public health, and welfare or materially injurious to the Property or improvements in the vicinity or if the Property is operated or maintained to constitute a public nuisance. 16. Prior to the issuance of a building permit, a copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans. 17. Prior to the issuance of a building permit, the Applicant shall submit a final landscape and irrigation plan. These plans shall incorporate drought-tolerant plantings, non- invasive plant species, and water-efficient irrigation design. The plans shall be approved by the Planning Division. 18. 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. 19. Construction activities shall comply with Section 10.28.040 (Construction Activity – Noise Regulations) of the NBMC, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday. Noise-generating construction activities are not allowed on Saturdays, Sundays, or Holidays. 20. Prior to the issuance of a building permit, the Applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 21. 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. 22. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and expenses (including without limitation, attorney’s fees, disbursements, and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the City’s approval of Bay House 2100, LLC Residence including but Zoning Administrator Resolution No. ZA2025-034 Page 14 of 16 01-10-2023 not limited to, Coastal Development Permit and Lot Merger (PA2025-0007). 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. Building Division 23. Prior to the issuance of a building permit, the Applicant shall submit a final construction erosion control plan. The plan shall be subject to review and approval by the Building Division. 24. Prior to the issuance of a building permit, the Applicant shall submit a final drainage and grading plan. The plan shall be subject to review and approval by the Building Division. 25. Prior to the issuance of a building permit, the final WQHP/WQMP shall be reviewed and approved by the Building Division. The implementation shall comply with the approved CPPP and WQHP/WQMP and any changes could require separate review and approval by the Building Division. 26. 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. 27. 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. 28. 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. 29. 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. 30. The foundation shall be designed for liquefaction mitigation pursuant to California Building Code (CBC) Sections 1803.5.11 and 1803.5.12. 31. One (1)-hour fire-rated wall and sound block level of STC 50 sound separation shall be provided between dwelling units. Zoning Administrator Resolution No. ZA2025-034 Page 15 of 16 01-10-2023 Fire Department 32. New construction of the single-unit dwelling and ADU shall be equipped throughout with a fire sprinkler system in compliance with the 2022 National Fire Protection Association (NFPA) 13D. 33. One side yard of the Property shall have a clear opening of 36 inches minimum from the front of the Property to the rear of the Property for emergency access. Public Works Department 34. All improvements shall be constructed in conformance with the NBMC and the Public Works Department. 35. An encroachment permit is required for all work activities within the public right-of-way. 36. The existing broken and/or otherwise damaged concrete curb, gutter and sidewalk panels along the East Balboa Boulevard frontage shall be reconstructed. 37. Install new sewer cleanout on existing sewer laterals per City Standard 406. If the existing sewer laterals are sub-standard, new sewer laterals will be required. 38. The existing gas meter to private property shall be relocated. 39. The proposed water service and meter shall be installed per City Standard. 40. All improvements shall comply with the City’s sight distance requirement. See City Standard 110-L. 41. The existing City trees along the East Balboa Boulevard frontage shall be protected in place. 42. The existing driveway approach on East Balboa Boulevard shall be removed per City Standard 105. 43. The parkway paving along East Balboa Boulevard shall be removed and turf or other drought tolerant landscaping shall be installed in its place. 44. Southern California Edison transformers and pool equipment shall be located within private property and shall not be located within easements. 45. Prior to final building permit inspection, the Project shall relocate the existing 4-inch water main located near the existing property line wall to a location within Seville Avenue. The design of the new waterline shall be reviewed as part of the building plan check. Final design shall be approved by the Public Works Department and Utilities Department prior to building plan check approval. Zoning Administrator Resolution No. ZA2025-034 Page 16 of 16 01-10-2023 46. Prior to the issuance of a building permit, the proposed sewer easement vacation shall be processed, approved by City Council, and recorded. If City Council denies the proposed easement vacation, the proposed project will require a redesign since the existing sewer easement impacts the proposed building. 47. Prior to the issuance of a building permit, the lot merger shall be recorded since the proposed building extends over the existing lot lines. The Applicant shall obtain any necessary approvals related to the lot merger from the California Coastal Commission prior to recordation. 48. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right-of-way could be required at the discretion of the Public Works Inspector.