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HomeMy WebLinkAboutZA2025-052 - APPROVING A COASTAL DEVELOPMENT PERMIT FOR AN ADDITION OF A NEW THIRD FLOOR DECK AND LOFT TO AN EXISTING TWOUNIT RESIDENCE LOCATED AT 320 AND 320 ½ BALBOA BOULEVARD (PA2025-0023)01-10-2023 RESOLUTION NO. ZA2025-052 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT FOR AN ADDITION OF A NEW THIRD FLOOR DECK AND LOFT TO AN EXISTING TWO- UNIT RESIDENCE LOCATED AT 320 AND 320 ½ BALBOA BOULEVARD (PA2025-0023) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by David Bailey (Applicant) on behalf of Nicholas Dildine (Owner) with respect to property located at 320 and 320 ½ East Balboa Bouelvard and legally described as Lot 7 of Block 28 (Property) in the City of Newport Beach, requesting approval of a coastal development permit (CDP). 2. The Applicant requests a CDP to allow for the construction of a 252-square-foot enclosed third-floor loft and a 737-square-foot open roof deck on an existing two-unit residence. The Project includes landscape, hardscape, and subsurface drainage facilities all within the confines of private property (Project). The Project complies with all development standards and no deviations from the Newport Beach Municipal Code (NBMC) are requested. The project requires a CDP as it involves the construction of an additonal level within the coastal zone. 3. The Property is designated Two Unit Residential (RT) by the General Plan Land Use and is located within the Two-Unit Residential (R-2) Zoning District. 4. The property is located within the Coastal Zone. The Coastal Land Use Plan category is Two Unit Residential (RT-E – 30.0 -39.9 DU/AC) and it is located within the Two-Unit Residential (R-2) Coastal Zoning District. 5. A public hearing was held on August 14, 2025, online via Zoom. A notice of the time, place, and purpose of the hearing was given by the NBMC. Evidence, both written and oral, was presented to and considered by the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This Project is categorically exempt pursuant to Title 14 of the California Code of Regulations Section 15303, Division 6, Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (CEQA) under Class 3 (New Construction or Conversion of Small Structures) because it has no potential to have a significant effect on the environment. 2. Class 3 exempts the construction of limited numbers of small, new facilities or structures; installation of small equipment and facilities, and the conversion of existing small structures where only minor modifications are made in the exterior. This Project consists Zoning Administrator Resolution No. ZA2025-052 Page 2 of 7 01-10-2023 of the construction of a new third-floor roof deck and loft. Therefore, the Project is eligible for the Class 3 exemption. 3. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The Project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. By Section 21.52.015(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. Facts in Support of Finding: 1. The proposed development complies with applicable residential development standards including, but not limited to, floor area limitation, setbacks, and height. a. The maximum floor area limitation is 2,792 square feet. The existing floor area of the property is 2,539 square feet and the new square footage with the proposed improvements will bring the Property to 2,790 square feet, therefore, the Project complies with the maximum square footage allowed. b. The proposed development provides the minimum required setbacks, which are 5 feet along the front property line abutting Balboa Boulevard, 3 feet along each side property line, and 5 feet along the rear property line abutting the alley. The Project will conform to the required setbacks, including the required additional 15-foot third- floor front and rear step-backs, with no encroachments proposed on either side. c. The highest guardrail is less than 24 feet from the established grade at 8.56 feet) and the highest ridge is less than 29 feet from the established grade, which complies with the maximum height requirements of the North American Vertical Datum of 1988 (NAVD88). d. The existing structure has nonconforming parking in the form of a 379-square-foot carport to accommodate two parking spaces. Although the project deviates from the two covered parking spaces per unit as required from the NBMC, it conforms to Section 21.38.060(A) (Nonconforming Parking - Residential) of the NBMC, which allows for a 10% addition to the existing floor area within a ten-year period. Due to the existing nonconforming parking, any proposed addition to the property is limited to up to 10% of the existing floor area. Since the existing floor area of the property is 2,539 square feet, the maximum square footage for the addition is 253 square Zoning Administrator Resolution No. ZA2025-052 Page 3 of 7 01-10-2023 feet. The proposed addition of the Project is 252 square feet, meaning the Project is proposed to be built out to its maximum allowable addition. With the nonconforming parking, the floor area limitation for this Project is 2,792 square feet and the proposed floor area is 2,790 square feet. 2. The neighborhood is predominantly developed with two- and three-story, single- and two-unit residences. The proposed design, bulk, and scale of the development are consistent with the existing neighborhood pattern of development. 3. The development is located on an inland property in a developed area approximately 330 feet from the beach and approximately 1,200 feet from the Balboa Pier and Peninsula Park. To the northeast of the Property is the Lower Newport Bay, which is approximately 520 feet away. The Property is separated from the beach (the nearest body of water) by a row of residences on both Balboa Boulevard and abutting East Ocean Front. 4. The Property is in an area known for the potential of seismic activity and liquefaction. All projects are required to comply with the California Building Code (CBC) and Building Division standards and policies. Geotechnical investigations specifically addressing liquefaction are required to be reviewed and approved before the issuance of building permits. Permit issuance is also contingent on the inclusion of design mitigation identified in the investigations. Construction plans are reviewed for compliance with approved investigations and CBC before building permit issuance. 5. The Property 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 viewpoints are at Peninsula Park and the adjacent Balboa Pier which are not visible from the site as they are located approximately 1,200 feet southeast of the Property. As currently developed, the existing property is not located within the view shed of the park and pier. The proposed two-unit residence complies with all applicable Local Coastal Program (LCP) development standards and maintains a building envelope consistent with the existing neighborhood pattern of development. Additionally, the Project does not contain any unique features that could degrade the visual quality of the coastal zone. 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 Project site is located between the nearest public road and the sea or shoreline. Implementation Plan Section 21.30A.040 requires that the provision of public access bear a reasonable relationship between the requirement and the project’s impact and be proportional to the impact. In this case, the Project creates a new third-story and open deck on an existing two-unit residence located on a standard R-2 lot. Therefore, the Project does not involve a change in land use, density, or intensity that will result in increased demand Zoning Administrator Resolution No. ZA2025-052 Page 4 of 7 01-10-2023 for public access and recreation opportunities. Furthermore, the Project is designed and sited (appropriate height, setbacks, etc.) so as not to block or impede existing public access opportunities. 2. The Project is not located near a Public Beach Access point as identified in the CLUP. Vertical access to the beach is available adjacent to the site along Coronado Street, approximately 330 feet south of the Property abutting a public boardwalk on East Ocean Front. Lateral access is available on the East Ocean Front public boardwalk. The Project does not include any features that would obstruct access along these routes. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this Project is categorically exempt from the California Environmental Quality Act under Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 because it has no potential to have a significant effect on the environment. 2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit filed as PA2025-0023, 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 LCP Implementation Plan, of the 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 14TH DAY OF AUGUST 2025. Zoning Administrator Resolution No. ZA2025-052 Page 5 of 7 01-10-2023 EXHIBIT “A” CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan, floor plans, and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. 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. 3. Demolition beyond the approved scope of work requires planning division approval before the commencement of work. Approval of revisions to project plans is not guaranteed. Any changes in the current scope of work may require the entire structure to be demolished and redeveloped in conformance with the current Zoning Code Development Standards. 4. 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. 5. 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. 6. 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. Zoning Administrator Resolution No. ZA2025-052 Page 6 of 7 01-10-2023 7. 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. 8. 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. 9. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 10. The project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 11. 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 CDP. 12. This CDP may be modified or revoked by the Zoning Administrator if determined that the proposed uses or conditions under which it is being operated or maintained are detrimental to the public health, and welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained to constitute a public nuisance. 13.Before the issuance of building permits, the Applicant shall submit a final construction erosion control plan. The plan shall be subject to review and approval by the Building Division. 14.Before the issuance of 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. 15.Before 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. 16. 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. 17. 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 Zoning Administrator Resolution No. ZA2025-052 Page 7 of 7 01-10-2023 through Friday, and 8:00 a.m. Noise-generating construction activities are not allowed on Saturdays, Sundays, or Holidays. 18. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 (Community Noise Control), under Sections 10.26.025 (Exterior Noise Standards) and 10.26.030 (Interior Noise Standards), and other applicable noise control requirements of the Newport Beach Municipal Code (NBMC). 19. Before the issuance of the building permit, the Applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 20. 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. 21. This Coastal Development Permit No. PA2025-0023 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. 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 nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s approval of Dildine Residence, including but not limited to Coastal Development Permit No. PA2025-0023. 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 of the City's costs, attorney’s fees, and damages that which the City incurs in enforcing the indemnification provisions set forth in 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. Fire Department 23. The Project shall require the installation of fire sprinkler, complying the 2022 NFPA 13D standards, unless otherwise directed by the Fire Department. Building Division 24. The Applicant is required to obtain all applicable permits from the City’s Building Division and Fire Department. The construction plans must comply with the most recent City- adopted version of the California Building Code (CBC).