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HomeMy WebLinkAboutZA2025-062 - APPROVING A COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING DUPLEX AND CONSTRUCT A NEW THREE-STORY SINGLE-UNIT DWELLING WITH AN ATTACHED ACCESSORY DWELLING UNIT AND ATTACHED TWO-CAR GARAGE LOCATED AT 1624 WEST OCEAN FRONT (PA2025-0116)RESOLUTION NO. ZA2025-062 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING A COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING DUPLEX AND CONSTRUCT A NEW THREE-STORY SINGLE-UNIT DWELLING WITH AN ATTACHED ACCESSORY DWELLING UNIT AND ATTACHED TWO-CAR GARAGE LOCATED AT 1624 WEST OCEAN FRONT (PA2025-0116) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by John Walz (Applicant), concerning property located at 1624 West Ocean Front and legally described as Lot 12 of Block 16 of Section B Newport Beach Tract (Property), requesting approval of a coastal development permit (CDP). 2. The Applicant requests a CDP to demolish an existing 3,049-square-foot duplex and construct a new three-story 2,738-square-foot single-unit dwelling with a 485-square-foot garage and an attached 928-square-foot accessory dwelling unit (ADU). The project also includes the installation of landscaping, hardscaping, and site walls. The project complies with all applicable development standards, and no deviations are requested. All improvements authorized by the CDP are within private property (Project). 3. The Property is designated Two Unit Residential (RT) by the General Plan Land Use Element 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 (CLUP) category is Two Unit Residential (RT-D) and it is located within the Two-Unit Residential (R-2) Coastal Zoning District. 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 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 consists of construction and location of limited numbers of new, small facilities or structures; installation of small equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor Zoning Administrator Resolution No. ZA2025-062 Page 2 of 9 modifications are made in the exterior of the structures. Class 3 also exempts the demolition of up to three single-unit dwellings and additions of up to 10,000 square feet to existing structures and allows the construction or conversion of up to three single-unit dwellings. In this case, the Project consists of the demolition of an existing duplex and the construction of a new 2,738-square-foot single-unit dwelling with a 485-square-foot two-car garage and an attached 928-square-foot ADU. 3. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The Project does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. In accordance with Section 21.52.015 (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. a. The maximum floor area limitation is 4,488 square feet and the proposed floor area is 4,151 square feet. b. The Project provides the minimum required setbacks, which are 12 feet from the property line along West Ocean Front and three feet from each side property line. There is no setback from the rear property line along the alley. c. The highest flat roof element does not exceed the maximum 24 feet from the established grade, which is 11.46 feet per the North American Vertical Datum of 1988 (NAVD 88) and the highest sloping roof does not exceed 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-unit dwellings with less than 4,000 square feet of habitable floor area. Pursuant to subsection 20.48.200.F.8(d)(ii) and 21.48.200.F.8(d)(ii) of the NBMC, a walking route was included into the project’s plan set to demonstrate that additional parking for the ADU is not required if the Property is half a mile away from nearest major transit stop. Staff confirmed that the property is indeed within the half-mile distance. Zoning Administrator Resolution No. ZA2025-062 Page 3 of 9 2. A Coastal Hazards Report and Sea Level Rise Analysis was prepared by Skelly Engineering, dated April 14, 2025, for the Project. The report utilizes the latest adopted Sea Level Rise Guidance: 2024 Update provided by the State of California and concludes that the Project is reasonably safe from shoreline erosion due to the lack of waves or wakes that can erode sand from the beach. The report also concludes that the Project will be reasonably safe from future sea level rise, assuming an increase from 1.3 feet (likely scenario) to 4.5 feet (unlikely scenario) which accounts for future extreme ocean water level in the range of 9.0 feet NAVD 88 to 12.2 feet NAVD 88. The finished floor elevation of the first floor of the proposed structure is 12.17 feet NAVD 88, which complies with the minimum 9.0-foot NAVD 88 elevation standard for new structures and is above the “likely” maximum future ocean water elevation. Overall, the report concludes that the Project will not be affected by the projected 75-year sea level rise due to its distance from the shoreline. 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 Property is located 470 feet from the Mean High-Water Line of the ocean. A Construction Pollution Prevention Plan (CPPP) 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 design 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. 5. 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 Total Engineering, Inc. dated, December 4, 2023. 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. The final priority WQHP shall be reviewed and approved by the Building Division during plan check. 6. 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. 7. The Project is not located near Coastal Viewpoint or Coastal View Road as identified in the Coastal Land Use Plan (CLUP). The nearest coastal viewpoint is Veterans Memorial Zoning Administrator Resolution No. ZA2025-062 Page 4 of 9 Park, approximately 600 feet northeast of the Property. This viewpoint is not visible from the Property. Therefore, the Project would not obscure views from these public areas. 8. As a beachfront property, the front elevation will be visible from the beach. While the Property only requires a nine-foot front setback, the Project provides a setback of approximately 12 feet. This enlarged setback area helps enhance the visual quality of the coast as viewed through the 17th Street street-end from West Balboa Boulevard, as well as from the West Ocean Front Boardwalk and beach beyond. The Project also complies with all applicable LCP development standards, including all third-floor standards of the NBMC which limits the size and location of the third floor. Therefore, the Project is not anticipated to 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. Section 21.30A.040 (Determination of Public Access/Recreation Impacts) of the NBMC 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 replaces an existing duplex located on a standard R-2 lot with a new single-unit dwelling and attached accessory dwelling unit. 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. The Project is located near a Public Beach Access point as identified in the CLUP. Vertical access to the beach is available at the 16th and 17th Street end from West Balboa Boulevard. The Property is located adjacent to the West Ocean Front boardwalk, which serves as lateral access and provides a path along the beach for pedestrian and bicycle use. The Project does not include any features that would obstruct access along these routes. 3. The Property provides vehicular access from 16th and 17th Street as well as West Ocean Front Alley, which is not proposed to change with the Project. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this Project is categorically exempt from the California Environmental Quality Act pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Zoning Administrator Resolution No. ZA2025-062 Page 5 of 9 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 No. PA2025-0116 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. ZA2025-062 Page 6 of 9 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) 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 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 to address the threat of damage or destruction from waves, erosion, storm conditions, landslides, seismic activity, bluff retreat, sea level rise, or other natural hazards that may affect the property, or development of the property, today or in the future. The agreement shall be binding against the property owners and successors and assigns. 3. 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 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 the development. This letter shall be scanned into the plan set before building permit issuance. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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- Zoning Administrator Resolution No. ZA2025-062 Page 7 of 9 invasive plant species, and water-efficient irrigation design. The plans shall be approved by the Planning Division. 9. 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. 10. This approval does not authorize any new or existing improvements (including landscaping) on 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). Before the issuance of building permits, the applicant shall provide a copy of said CDP or 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. 11. 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. 12. This Coastal Development Permit does not authorize any development seaward of the private property. 13. 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. Zoning Administrator Resolution No. ZA2025-062 Page 8 of 9 14. 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. 15. 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. 16. 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. 17. 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. 18. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 19. The Project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 20. 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. 21. 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. 22. 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. 23. 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. Zoning Administrator Resolution No. ZA2025-062 Page 9 of 9 24. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 (Community Noise Regulations) of the NBMC and other applicable noise control requirements of the NBMC. 25. 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. 26. 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. 27. 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 O’Brien Residence including but not limited to, Coastal Development Permit (PA2025-0116) 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. Fire Division 28. A residential fire sprinkler system complying with 2022 NFPA13D shall be required. 29. A minimum 36-inch unobstructed walk path from the front to the rear of the Property shall be required for emergency access. Public Works Division 30. The existing wall and pilasters within the West Ocean Front right of way shall be removed, and a sidewalk installation to match the existing Ocean Front walkway shall be required. 31. A new sewer clean out on the existing sewer lateral per City Standard 406 shall be required. 32. No encroachments within the alley right of way, including foundation, shall be permitted.