HomeMy WebLinkAbout04_Balboa Residence_PA2025-0140CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
October 30, 2025
Agenda Item No. 4
SUBJECT: Balboa Residence (PA2025-0140)
▪Coastal Development Permit
SITE LOCATION: 1204 East Balboa Boulevard
APPLICANT: Jeff Van Voorhis of Van Voorhis Architects
OWNER: Joan Kay Kolbe, Elizabeth A. Hogan, et al.
PLANNER: Jenny Hannsun, Associate Planner
949-644-3212 or jhannsun@newportbeachca.gov
LAND USE AND ZONING
•General Plan Land Use Plan Category: Single Unit Residential Detached (RS-D)
•Zoning District: Single-Unit Residential (R-1)
•Coastal Land Use Plan Category: Single Unit Residential Detached – (6.0 – 9.9
DU/AC) (RSD-B)
•Coastal Zoning District: Single-Unit Residential (R-1)
PROJECT SUMMARY
The applicant requests a coastal development permit (CDP) to demolish an existing duplex
and construct a new three-story 2,490 square-foot single-unit dwelling with an attached 307
square-foot junior accessory dwelling unit (JADU) and attached 434 square-foot two-car
garage. The project includes landscape, hardscape, and subsurface drainage facilities all
within the confines of private property. The project complies with all development standards
and no deviations from the municipal code are requested.
The property is bisected by the coastal permit jurisdiction boundary resulting in a portion
of the patio accessory improvements and the seawall improvements to be within the
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 Title 21 (Local
Coastal Program Implementation Plan) of the Newport Beach Municipal Code (NBMC).
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small
Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division
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Zoning Administrator, October 30, 2025
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6, Chapter 3, because it has no potential to have a significant effect on the environment;
and
3)Adopt Draft Zoning Administrator Resolution No. ZA2025-### approving the Coastal
Development Permit filed as PA2025-0140.
DISCUSSION
Land Use and Development Standards
•The subject property is in the R-1 Coastal Zoning District, which provides for single-
unit residential development and is consistent with the City’s Coastal Land Use Plan,
General Plan, and Zoning Code. A coastal development permit is required, and the
property is not eligible for a waiver for de minimis development, because the property
is in the Coastal Commission Appeal Area.
•The property currently consists of one legal lot developed with a duplex. The
neighborhood is predominantly developed with two and three-story, single-unit
dwellings. The proposed design, bulk, and scale of the development are consistent
with the existing neighborhood pattern of development and expected future
development consistent with applicable development standards.
•The proposed single-unit dwelling, JADU, and accessory structures conform to all
applicable development standards, including floor area limit, setbacks, height, and
off-street parking as evidenced by the project plans and illustrated in Table 1 below.
Table 1 – Development Standards
Development Standard Standard Proposed
Setbacks (min.)
Front
(Primary Structure – Balboa Blvd)
6 feet 6 feet
Front
(Garage – Balboa Blvd)
2.5 feet 2.5 feet
Sides 3 feet 3 feet
Front (abandoned right-of-way) 0 feet 0 feet
Allowable Floor Area (max.) 3,366 square feet 3,231 square feet
Allowable 3rd Floor Area (max.) 252 square feet 252 square feet
Allowable 3rd Floor Area & Covered
Deck Area (max.)
841 square feet 841 square feet
Open Space (min.) 252 square feet 252 square feet
Parking (min.) 2-car garage 2-car garage
Height (max.) 24-foot flat roof
29-foot sloped roof
24-foot flat roof
29-foot sloped roof
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Hazards
•A Coastal Hazards Report and Sea Level Rise Analysis was prepared by Skelly
Engineering dated May 12, 2025, for the project. Additionally, a Bulkhead
Conditions Report was prepared by William Simpson & Associates, Inc. dated
September 15, 2025. The current maximum bay water elevation is 7.7 NAVD88
(North American Vertical Datum of 1988) and may exceed the existing 8.63 feet
NAVD88 top of bulkhead elevation during high tide or storm events. The report
analyzes future sea level rise scenarios assuming a 2.8-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 10.5 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).
•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
(NAVD 88) with a design for adaptability elevation of 14.4 feet (NAVD 88). The
project has been conditioned to raise the bulkhead to an elevation of 10.9 feet
(NAVD 88). William Simpson & Associates, Inc. has confirmed the bulkhead
design can be raised up to 14.4 feet (NAVD 88) if needed and in compliance with
the guidelines.
•The finished floor elevation of the proposed single-unit dwelling and JADU is 9.0
feet (NAVD88), which complies with the minimum 9.00 feet (NAVD88) elevation
standard. Once the existing seawall is repaired and reinforced per the report’s
recommendations, flooding, wave runup, and erosion will not significantly impact
this property over the proposed 75-year economic life of the development. The
report concludes that the Project will be safe from flooding hazards for the next 75
years with the reinforced bulkhead. Therefore, the Project has been conditioned to
raise the bulkhead up to 10.9 feet (NAVD88).
•The portion of the property starting at the abandoned right-of-way, formerly known
as Bay Avenue, as shown on the East Side Addition to the Balboa Tract, and
towards Newport Harbor, is located within the CCC’s permit jurisdiction and all
improvements within that area will require a CDP from the CCC. Therefore, a
condition of approval is included to require that the permit for raising the seawall
shall be issued prior to the certificate of occupancy for the principal dwelling.
•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
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Balboa Residence (PA2025-0140)
Zoning Administrator, October 30, 2025
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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.
•The project proposes to demolish the existing two-unit dwelling and construct a
single-unit dwelling and JADU. The existing two-unit dwelling is considered legal
nonconforming because the property includes two units where one unit is allowed.
The project is consistent with the General Plan, Local Coastal Program, and
Zoning designations that allow the single-unit dwelling and junior 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 (Residential Coastal Zoning Districts Land Uses)
of the Local Coastal Program Implementation Plan shows “Single-Unit Dwellings”
and “Junior Accessory Dwelling Units” as allowed uses in the R-1 Coastal Zoning
District. Therefore, the project of a single-unit dwelling and JADU to replace an
existing two-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.
Water Quality
•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 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.
•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 Thomas M. Ruiz dated, September 8, 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.
Public Access and Views
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Balboa Residence (PA2025-0140)
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• 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 replaces an existing nonconforming two-unit dwelling located
on a standard R-1 lot with a new single-unit dwelling and JADU. 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.
• 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 (CLUP). The nearest
coastal viewpoint is on Peninsula Park, approximately 1,100 feet away, and the
property is not visible from the site due to distance and intervening structures. The
property is also approximately 160 feet away from the public beach, separated by
East Balboa Boulevard and a row of residential development. Lastly, the property is
visible from the Bay, which offers views of the property and surrounding
development. The proposed single-unit dwelling and JADU 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.
• Vertical access to the bay and beach is available approximately 60 feet to the west
along D Street. Lateral access is available on the public beach approximately 160
feet to the south along the East Ocean Front boardwalk. The project does not include
any features that would obstruct access along these routes, and all development will
be within private property.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) 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.
Class 3 exempts the demolition of up to three single-unit dwellings in urbanized areas.
The project consists of the demolition of one two-unit dwelling and the construction of a
new 2,490 square foot single-unit dwelling with an attached 307 square-foot JADU and
attached 434 square-foot two-car garage.
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Balboa Residence (PA2025-0140)
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The exceptions to this categorical exemption 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.
PUBLIC NOTICE
Notice of this public hearing was published in the Daily Pilot, mailed to all owners and
residential occupants of property within 300 feet of the boundaries of the site (excluding
intervening rights-of-way and waterways), including the applicant, and posted on the
subject property at least 10 days before the scheduled hearing, consistent with the
provisions of the Municipal Code. Additionally, the item appeared on the agenda for this
meeting, which was posted at City Hall and on the city website.
APPEAL PERIOD:
This action shall become final and effective 14 days following the date the Resolution is
adopted unless within such time an appeal or call for review is filed with the Community
Development Director by the provisions of Title 21 (Local Coastal Program [LCP]
Implementation Plan) of the Newport Beach Municipal Code. Final action taken by the City
may be appealed to the Coastal Commission in compliance with Section 21.64.035 (Appeal
to the Coastal Commission) of the City’s certified LCP and Title 14 California Code of
Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. For
additional information on filing an appeal, contact the Planning Division at 949-644-3200.
Prepared by:
____________________________
Jenny Hannsun, Associate Planner
LAW/jt
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
6
Attachment No. ZA 1
Draft Resolution
7
01-10-2023
RESOLUTION NO. ZA2025-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING A COASTAL
DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING TWO-
UNIT DWELLING AND CONSTRUCT A NEW SINGLE-UNIT
DWELLING, JUNIOR ACCESSORY DWELLING UNIT, AND
ATTACHED TWO-CAR GARAGE LOCATED AT 1204 EAST
BALBOA BOULEVARD (PA2025-0140)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.An application was filed by Jeff Van Voorhis of Van Voorhis Architects (“Applicant”) on
behalf of the owner, concerning property located at 1204 East Balboa Boulevard,
requesting approval of a coastal development permit (CDP).
2.The lot at 1204 East Balboa Boulevard is legally described as Lot 3 of Block 9 of East
Side Addition to the Balboa Tract (Property).
3.The Applicant requests a CDP to demolish an existing duplex and construct a new three-
story 2,490 square-foot single-unit dwelling with an attached 307 square foot junior
accessory dwelling unit (JADU) and attached 434 square-foot two-car garage. The project
includes landscape, hardscape, and subsurface drainage facilities all within the confines
of private property. The project complies with all development standards and no deviations
from the municipal code are requested (Project).
4.The Property is bisected by the coastal permit jurisdiction boundary resulting in a portion
of the patio accessory improvements and the seawall improvements to be within the
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 Title 21
(Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code
(NBMC).
5.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.
6.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.
7.A public hearing was held on October 30, 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.
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Zoning Administrator Resolution No. ZA2025-###
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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 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.Class 3 exempts the demolition of up to three single-unit dwellings in urbanized areas.
The Project consists of the demolition of one two-unit dwelling and the construction of a
new 2,490 square-foot single-unit dwelling with an attached 307 square-foot JADU and
attached 434 square-foot two-car garage.
3.The exceptions to this categorical exemption 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.
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 floor area limitation is 3,366 square feet and the proposed floor area
is 3,231 square feet.
b.The proposed development provides the minimum required setbacks, which are 6
feet for the primary structure and 2.5 feet for the garage along the front property
line abutting East Balboa Boulevard, 3 feet along each side property line, and 0
feet along the front property line measured from the abandoned right-of-way,
formerly known as Bay Avenue as shown on the East Side Addition to the Balboa
Tract.
c.The highest guardrail is less than 24 feet from the established grade (9.00 feet
NAVD88) and the highest ridge is no more than 29 feet from the established grade,
which complies with the maximum height requirements.
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Zoning Administrator Resolution No. ZA2025-###
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01-10-2023
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. No additional parking is required for
the JADU.
2.The neighborhood is predominantly developed with two and three-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 Skelly
Engineering dated May 12, 2025, for the Project. Additionally, a Bulkhead Conditions
Report was prepared by William Simpson & Associates, Inc. dated September 15, 2025.
The current maximum bay water elevation is 7.7 NAVD88 (North American Vertical
Datum of 1988) and may exceed the existing 8.63 feet NAVD88 top of bulkhead
elevation during high tide or storm events. The report analyzes future sea level rise
scenarios, assuming a 2.8-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 10.5 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 the 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 (NAVD 88) with a
design for adaptability elevation of 14.4 feet (NAVD 88). The Project has been
conditioned to raise the bulkhead to an elevation of 10.9 feet (NAVD 88). William
Simpson & Associates, Inc. has confirmed the bulkhead design can be raised up to 14.4
feet (NAVD 88) if needed and in compliance with the guidelines.
5.Once the existing seawall is repaired and reinforced per the report’s recommendations,
flooding, wave run-up, and erosion will not significantly impact this property over the
proposed 75-year economic life of the development. The report concludes that the
Project will be safe from flooding hazards for the next 75 years with the reinforced
bulkhead. Therefore, the Project has been conditioned to raise the bulkhead up to 10.9
feet (NAVD88).
6.The finished floor elevation of the proposed single-unit dwelling and JADU is 9.0 feet
(NAVD88), 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 flood protection curb around the single-unit
dwelling and JADU at 10.9 feet (NAVD88 datum) for the anticipated 75-year life of the
structure.
7.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
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Zoning Administrator Resolution No. ZA2025-###
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01-10-2023
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.
8.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 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.
9.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 Thomas M. Ruiz
dated, September 8, 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.
10.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 that
invasive species are not planted.
11.The Property is not located adjacent to a coastal view road, public access way, or Coastal
Viewpoint as identified in the CLUP. The nearest coastal viewpoint is on Peninsula Park,
approximately 1,100 feet away, and the property is not visible from the site due to distance
and intervening structures. The Property is also approximately 160 feet away from the
public beach, separated by East Balboa Boulevard and a row of residential development.
Lastly, the Property is visible from the Bay, which offers views of the property and
surrounding development. The proposed single-unit dwelling and JADU 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.
12.The Project proposes to demolish the existing two-unit dwelling and construct a single-unit
dwelling and JADU. The existing two-unit dwelling is considered legal nonconforming
because the Property includes two units where one unit is allowed. The Project is
consistent with the General Plan, Local Coastal Program, and Zoning designations that
allow the single-unit dwelling and junior 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
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Zoning Administrator Resolution No. ZA2025-###
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01-10-2023
(Residential Coastal Zoning Districts Land Uses) of the Local Coastal Program
Implementation Plan shows “Single-Unit Dwellings” and “Junior Accessory Dwelling
Units” as allowed uses in the R-1 Coastal Zoning District. Therefore, the Project of a
single-unit dwelling and JADU to replace an existing two-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.
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 replaces
an existing nonconforming two-unit dwelling located on a standard R-1 lot with a new
single-unit dwelling and JADU. 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 approximately 60 feet to the west along
D Street. Lateral access is available on the public beach approximately 160 feet to the
south along the East Ocean Front boardwalk. The Project does not include any features
that would obstruct access along these routes, and all development will be within private
property.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act 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 the Coastal
Development Permit filed as PA2025-0140, 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
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Zoning Administrator Resolution No. ZA2025-###
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01-10-2023
Community Development Director by the provisions of Title 21 (Local Coastal Program
(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 30TH DAY OF OCTOBER, 2025.
_____________________________________
Benjamin M. Zdeba, AICP, Zoning Administrator
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Zoning Administrator Resolution No. ZA2025-###
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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.Prior to final building permit inspection, the existing seawall shall be reinforced and
capped to 10.90 feet (NAVD 88) and capable to be raised up to 14.4 feet (NAVD 88), in
compliance with the City of Newport Beach Waterfront Project Guidelines and
Standards, Harbor Design Criteria Commercial & Residential Facilities. The existing
seawall shall be reinforced pursuant to the recommendations provided in the Bulkhead
Conditions Report prepared by William Simpson & Associates, Inc. dated September
15, 2025.
3.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.
4.Prior to issuance of building permits, 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.
5.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 junior accessory dwelling unit
(JADU) for short-term rentals (i.e., less than 30 days) and prohibiting the sale of the
JADU separate from the principal dwelling. This deed restriction shall remain in effect
so long as the JADU exists on the Property.
6.This CDP does not authorize any development seaward of the private property.
7.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 (Coastal Commission).
Before the issuance of building permits, the Applicant shall provide a copy of said coastal
development permit or CDP waiver or documentation from the Coastal Commission that
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subject improvements are not subject to the permit requirements of the Coastal Act
and/or not located within the permit jurisdiction of the Coastal Commission.
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. 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.
10. 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.
11. 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.
12. 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.
13. 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.
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14.Revisions to the approved plans may require an amendment to this CDP or the
processing of a new CDP.
15.The Project is subject to all applicable City ordinances, policies, and standards unless
specifically waived or modified by the conditions of approval.
16.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.
17.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.
18.Prior to 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.
19.Prior to 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.
20.Prior to 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.
21.Prior to 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.
22.Prior to issuance of building permits, 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.
23.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.
24.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
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through Friday. Noise-generating construction activities are not allowed on Saturdays,
Sundays, or Holidays.
25.All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 (Community Noise Control) of the NBMC and other applicable noise control
requirements of the NBMC.
26.Prior to issuance of building permits, Applicant shall pay any unpaid administrative costs
associated with the processing of this application to the Planning Division.
27.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.
28.This CDP 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.
29.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 Balboa Residence including but not limited to,
Coastal Development Permit (PA2025-0140). 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.
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Coastal Development Permit
PA2025-0140
1204 East Balboa Boulevard
Subject Property
Subject Property
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Attachment No. ZA 3
Project Plans
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