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HomeMy WebLinkAboutZA2025-060 - APPROVING COASTAL DEVELOPMENT PERMIT TO CONSTRUCT A SINGLE-STORY ADDITION TO AN EXISTING SINGLE-UNIT RESIDENCE WITH AN ATTACHED 2-CAR GARAGE LOCATED AT 1245 BLUE GUM LANE (PA2025-0193)01-10-2023 RESOLUTION NO. ZA2025-060 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT TO CONSTRUCT A SINGLE-STORY ADDITION TO AN EXISTING SINGLE-UNIT RESIDENCE WITH AN ATTACHED 2-CAR GARAGE LOCATED AT 1245 BLUE GUM LANE (PA2025-0193) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1.An application was filed by Danielle Duryea and Kaveh Arbab (Applicant), concerning property located at 1245 Blue Gum Lane and legally described as Lot 3 of Tract No. 9620 (Property), requesting approval of a coastal development permit (CDP). 2.The Applicant requests a CDP for the construction of a 668-square-foot first-floor addition to an existing 2,582-square-foot single-unit residence with an attached 476-square-foot two-car garage. The project complies with all applicable development standards, and no deviations are requested. All improvements authorized by this CDP will be located on private property (Project). 3.The Property is categorized as Single Unit Residential Detached (RS-D) by the General Plan Land Use Element and is located in the Westcliff Grove Planned Community (PC22) Zoning District. 4.The Property is located in the coastal zone. The Coastal Land Use Plan category is Single Unit Residential Detached – (0.0 – 5.9 DU/AC) (RSD-A) and it is located within the Westcliff Grove Planned Community (PC22) Coastal Zoning District. Since the Property is located between the sea and first public road paralleling the sea and the project includes an increase of floor area that exceeds 10% of the existing floor area, a CDP is required. 5.A public hearing was held on October 16, 2025, online via Zoom. A notice of the time, place, and purpose of the hearing was given by the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1.This Project is categorically exempt pursuant to Title 14 of the California Code of Regulations Section 15301, Division 6, Chapter 1, Guidelines for Implementation of the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities) because it has no potential to have a significant effect on the environment. 2.Class 1 exempts repair, maintenance, and minor alterations of existing public or private structures, including additions to existing structures. The Project consists of a 668 square-foot addition on the first floor to an existing single-story, single-unit residence. Zoning Administrator Resolution No. ZA2025-060 Page 2 of 7 SECTION 3. REQUIRED FINDINGS. By Section 21.52.015 (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, height, and parking. a.The maximum lot coverage is 60% (5,048 square feet of the 8,413-square-foot lot) and the proposed lot coverage is 55% (4,605 square feet), which includes roof overhangs and eaves. b.The Project complies with the minimum required setbacks, which are 20 feet along the front property line abutting Blue Gum Lane, 5 feet along each side property line, and 10 feet along the rear property line. c.The PC22 development standards require single-unit residences to provide a two- car garage. The Project is compliant with the minimum two-car garage parking requirement. 2.The neighborhood is predominantly developed with one and two-story, single-unit residences. The proposed design, bulk, and scale of the Project are consistent with the existing neighborhood pattern of development. 3.The Project is located on an inland property in a developed area approximately 1,544 feet from the Upper Newport Bay. The Property is separated from the bay by several rows of residences and streets such as Cape Andover and Castaways North. The finished floor elevation of the first floor of the proposed structure is 85.53 feet based on the North American Vertical Datum of 1988 (NAVD88), which complies with the minimum 9.0-foot NAVD88 elevation standard for new structures. The identified distances from the coastal hazard areas coupled with the 85.53 NAVD 88 finish floor elevation will help to ensure the Project is reasonably safe for the economic life of the structure. 4.The Property is not located on the shoreline, nor is it located within 100 feet of coastal waters. The Project design 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. ZA2025-060 Page 3 of 7 5.The Project does not include any proposed landscaping; therefore, the Project complies with Newport Beach Municipal Code (NBMC) Section 21.30.075 (Landscaping). 6.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 viewpoint is Westcliff Park, which sits approximately 1800 feet southwest of the Property. In addition, there are several coastal viewpoints on the pedestrian/bike trail that is adjacent to Newport Back Bay and is accessible through Blue Gum Lane, Grove Lane, and Santiago Drive. Several other coastal viewpoints are also available through Castaways Park, which is approximately 1,680 feet southwest of the Property. The surrounding viewpoints throughout the pedestrian/bike trail, Westcliff Park, or Castaways Park are not visible from the site. The Project complies with all applicable Local Coastal Program (LCP) development standards and maintains a building envelope consistent with the existing neighborhood pattern of development. Therefore, the Project does not 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 Property 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 bears a reasonable relationship between the requirement and the Project’s impact and be proportional to the impact. In this case, the Project is a 668-square-foot addition to an existing single-unit residence located in PC22. 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 is available adjacent to the site off Blue Gum Lane, Grove Lane, and Santiago Drive, where each street provides public access to an existing pedestrian/bike trail along the bluff. Lateral access is available on the same trail which is also accessible using Castaways Park. The Project does not include any features that would obstruct access along these routes. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1.Zoning Administrator of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act under Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Zoning Administrator Resolution No. ZA2025-060 Page 4 of 7 Division 6, Chapter 1 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 No. PA2025-0193, 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 16TH DAY OF OCTOBER, 2025. Zoning Administrator Resolution No. ZA2025-060 Page 5 of 7 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. 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. 4. 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. 5. Debris from demolition shall be removed from work areas each day and removed from the Property within 24 hours of the completion of the Project. 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. 6. 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. Zoning Administrator Resolution No. ZA2025-060 Page 6 of 7 7. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 8. The Project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 9. 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. 10. This Coastal Development Permit may be modified or revoked by the Zoning Administrator if determined that the proposed uses or conditions under which it is being operated or maintained are detrimental to the public health, and welfare or materially injurious to Property or improvements in the vicinity or if the Property is operated or maintained to constitute a public nuisance. 11. Prior to the issuance of building permits, the Applicant shall submit a final drainage and grading plan. The plan shall be subject to review and approval by the Building Division. 12. Prior to 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. 13. 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. 14. 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. 15. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. 16 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. 17. This Coastal Development Permit No. PA2025-0193 shall expire unless exercised within 24 months from the date of approval as specified in Section 21.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. Zoning Administrator Resolution No. ZA2025-060 Page 7 of 7 18. 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 Gray Residence including but not limited to, Coastal Development Permit No. PA2025-0193. 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.