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HomeMy WebLinkAboutZA2025-070 - APPROVING A COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISITING SINGLE-UNIT DWELLING AND CONSTRUCT A NEW SINGLE-UNIT DWELLING WITH AN ATTACHED TWO-CAR GARAGE LOCATED AT 2608 COVE STREET(PA2025-0072)01-10-2023 RESOLUTION NO. ZA2025-070 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISITING SINGLE-UNIT DWELLING AND CONSTRUCT A NEW SINGLE-UNIT DWELLING WITH AN ATTACHED TWO-CAR GARAGE LOCATED AT 2608 COVE STREET (PA2025-0072) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Brandon Architects (Applicant) on behalf of John William Murray and Sindy Lin Murray (Owners), concerning the property located at 2608 Cove Street and legally described as Lot 5 and a portion of Lot 13 of Block A32 of the Corona del Mar Tract (Property). 2. The Applicant requests a coastal development permit (CDP) to demolish an existing 1,111- square-foot, one-story single-unit dwelling, including an attached one-car garage, and to construct a new 1,422-square-foot, three-story, single unit dwelling with an attached 402- square-foot two-car garage. The project also includes landscaping, hardscaping, and site walls (Project). The Project complies with all development standards and no deviations from the Newport Beach Municipal Code (NBMC) are requested. All improvements authorized by this CDP will be located on private property. 3. The Property is categorized as 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. 4. The Property is located within the coastal zone. The Coastal Land Use Plan category is Single Unit Residential Detached – 10.0 - 19.9 DU/AC (RSD-C), and it is located within the Single-Unit Residential (R-1) Coastal Zoning District 5. A public hearing was held on November 13, 2025, online via Zoom. A notice of the time, place, and purpose of the hearing was given in accordance with Chapter 21.62 (Public Hearings) of 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, 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. Zoning Administrator Resolution No. ZA2025-070 Page 2 of 11 01-10-2023 2. Class 3 exempts the demolition of up to three single-unit dwellings and the construction or conversion of up to three single-unit dwellings. The Project consists of the demolition of a single-unit dwelling and the construction of a new single-unit dwelling located in the R- 1 Coastal Zoning District. Therefore, the Class 3 exemption is applicable. 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. In accordance with Section 21.52.015(F) (Coastal Development Permits - Findings and Decision) of the NBMC, the following findings, and facts in support of such findings are set forth: Finding: A. Conforms to all applicable sections of the certified Local Coastal Program. 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 1,825 square feet and the proposed floor area is 1,825 square feet. b. The Project provides the minimum required setbacks, which are five feet along the front property line abutting Cove Steet, four feet along each side property line, and 10 feet along the rear property line abutting 2609 Way Lane. c. The highest guardrail is 24 feet from established grade (12.73 feet based on the North American Vertical Datum of 1988 NAVD [NAVD 88]) and the highest ridge is 29 feet from established grade, which complies with the maximum height requirements. d. The Project includes a two-car garage, complying with the minimum two-car garage parking requirement for single-unit dwelling with less than 4,000 square-feet of habitable floor area. e. The Project proposes a minimum top of slab elevation of 12.55 feet NAVD 88 which complies with the minimum 9.0-foot NAVD 88 top of slab elevation requirement for interior living areas of new structures. Zoning Administrator Resolution No. ZA2025-070 Page 3 of 11 01-10-2023 2. The neighborhood is predominantly developed with two- and three-story, single-unit dwellings. The proposed design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development and expected future development. 3. A Coastal Hazards Report was prepared for the Project by Skelly Engineering, dated October 20, 2024. The report utilizes the latest adopted Sea Level Rise Guidance: 2024 Update provided by the State of California. While the Property does not directly abut a shoreline, it is adjacent to a portion of the China Cove Beach, situated in the Newport Beach Bay Entrance Channel, and thus may be subject to coastal hazards such as flooding, runup, and erosion. The report concludes that the Project is reasonably safe from shoreline erosion due to being over 200 feet from the shoreline and the lack of waves or wakes, which have allowed the beach to maintain its 100-foot width over the last 50 years. The report also analyzes future sea level rise scenarios assuming an increase in the maximum bay water level (7.7 feet NAVD 88) over the next 75 years (i.e., the life of the structure) of about 4.5 feet, resulting in a projected bay water elevation of 12.2 feet NAVD 88 (the likely range for sea level rise over 75-year design life of the structure based on intermediate-high risk aversion estimates). The finished floor elevation of the first floor of the proposed structure is 12.55 NAVD 88, which complies with the minimum 9.0-foot NAVD 88 elevation standard for new structures and exceeds the sea level rise scenario. Based on the data provided, the study concludes that coastal hazards will not significantly impact the Property over the next 75 years and there is no anticipated need for a shore protection device over the life of the Project. 4. Pursuant to Section 21.30.030(C)(3)(i)(iv) (Natural Landform and Shoreline Protection) of the NBMC, the Owners will be required to enter into an agreement with the City waiving any potential right to protection to address situations in the future in which the development is threatened with damage or destruction by coastal hazards (e.g., waves, erosion, and sea level rise). The Owners will also be required to acknowledge any hazards present at the site and unconditionally waive any claim to damage or liability against the decision authority, consistent with Section 21.30.015(D)(3)(c) (General Site Planning and Development Standards) of the NBMC. These requirements are included as Condition of Approval Nos. 8 and 9 which will need to be satisfied prior to final building inspection, and prior to the issuance of building permits, respectively. 5. 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 6. The Property is located adjacent to a sandy beach and is within proximity of 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 Zoning Administrator Resolution No. ZA2025-070 Page 4 of 11 01-10-2023 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. 7. The Project landscaping complies with Section 21.30.075 (Landscaping) of the NBMC. Condition of Approval No. 17 requires that landscaping be designed to provide drought tolerant and non-invasive plant species with water efficient irrigation. A final landscape plan shall be reviewed and approved prior to the issuance of a building permit to verify invasive species are not planted. 8. The Property is located within the vicinity of coastal view roads and coastal viewpoints as identified in the Coastal Land Use Plan (CLUP), for which the potential to degrade those views has been analyzed in accordance with Section 21.30.100 (Scenic and Visual Quality Protection) of the NBMC. a. The Property is located approximately 200 feet from Ocean Boulevard, which is identified as a coastal view road by the CLUP. Ocean Boulevard is situated approximately 58 to 68 feet above the elevation of the Property. Additionally, there are several two- and three-story single-unit dwellings between the Property and Ocean Boulevard, which are situated up to 38 feet above the elevation of the Property, which results in higher surrounding building elevations. Additionally, several two-story single- unit dwellings are located in front of the Property along the China Cove Beach, which limit views of the beach from the 2500 and 2600 block of Ocean Boulevard. b. The nearest identified coastal viewpoint is approximately 450 feet to the north of the Property and is located at the corner of Ocean Boulevard and Carnation Avenue, however the Project is not visible from that location due to the intervening development. The Property is also with the vicinity of other coastal viewpoints including Lookout Point, located approximately 550 feet south of the Property and West Jetty View Park, located approximately 1,000 feet west of the Property across the Newport Beach Bay Entrance Channel. c. Site evaluation revealed that the Property is visible from portions of Ocean Boulevard, Lookout Point and portions of West Jetty View Park. While the Project replaces a single-story dwelling with a new three-story dwelling, the Project design complies with all applicable Title 21 (Local Coastal Program Implementation Plan) development standards and maintains a building envelope that is consistent and visually blends in with the existing pattern of development within the China Cove neighborhood. As designed, the Project will not negatively impact the existing coastal views from the locations identified above; therefore, it does not have the potential to degrade the visual quality of the Coastal Zone or result in significant adverse impacts on public views. 9. The Project serves as an opportunity to enhance an aging structure built in 1949 with a new building that includes a high quality contemporary coastal design, typical of new developments throughout the City. The design includes the use of large balconies and decks and incorporates glass guardrails and large windows to soften the façade and provides more than the required open volume resulting in a substantial amount of articulation to reduce the massing. Zoning Administrator Resolution No. ZA2025-070 Page 5 of 11 01-10-2023 Finding: B. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. Facts in Support of Finding: 1. The Property is located between the first public road and the sea. 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 single-unit dwelling with a nonconforming one-car garage with a new single-unit dwelling with a two-car garage, consistent with the existing neighborhood pattern of development and applicable development standards. Therefore, the Project does not involve a change in land use or intensity that will result in increased demand for public access and recreation opportunities. The Project’s new two-car garage is expected to enhance coastal public access opportunities by providing an additional on-site parking space and thereby reducing the Property’s demand for public street parking that could otherwise be used by the public. 2. The Property is located adjacent to the China Cove public beach. Lateral access to the beach is provided directly in front of the Property at the street end of Cove Street. Vertical access to the beach is provided at the street end of Fernleaf Avenue. The Project is located entirely within the confines of private property and does not include any features that would obstruct coastal access along these routes. The Project includes the removal of existing unpermitted encroachments into Cove Street right-of-way, including planters and patio furniture, which will improve the existing coastal access along Cove Street. 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, and that the exceptions to this Exemption do not apply. 2. The Zoning Administrator of the City of Newport Beach hereby approves the Coastal Development Permit filed as PA2025-0072, 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 in accordance with the provisions of Title 21 (Local Zoning Administrator Resolution No. ZA2025-070 Page 6 of 11 01-10-2023 Coastal Program Implementation Plan), of the NBMC. Final action taken by the City may be appealed to the Coastal Commission in accordance with Section 21.64.035 (Appeal to the Coastal Commission) of the City’s certified Local Coastal Program and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. PASSED, APPROVED, AND ADOPTED THIS 13TH DAY OF NOVEMBER 2025. _____________________________________ Liz Westmoreland, AICP, Zoning Administrator Zoning Administrator Resolution No. ZA2025-070 Page 7 of 11 01-10-2023 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Planning Division 1. The Project 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. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new Coastal Development Permit. 3. The Project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 4. 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. 5. 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. 6. 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. 7. 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 Newport Beach Municipal Code, unless an extension is otherwise granted. 8. Prior to final building permit inspection, an agreement in a form approved by the City Attorney between the 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. 9. Prior to the issuance of a building permit, the 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 Zoning Administrator Resolution No. ZA2025-070 Page 8 of 11 01-10-2023 boards and commissions, officials, officers, employees, and agents from and against any and all 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 development. 10. This Coastal Development Permit does not authorize any development on or beyond the beach area adjacent to the Property. 11. Prior to the issuance of a demolition permit or grading permit, the Applicant shall submit a construction management and delivery plan to be reviewed and approved by the Planning Division and Public Works Department. The plan shall include a discussion of project phasing, parking arrangements during construction, anticipated haul routes and construction mitigation. Upon approval of the plan, the Applicant shall be responsible for implementing and complying with the stipulations outlined in the approved plan 12. This Coastal Development Permit does not authorize any new or existing improvements (including landscaping) on State tidelands, public beaches, or the public right-of-way. 13. No demolition or construction materials, equipment debris, or waste, shall be placed or stored in a location that would enter sensitive habitat, receiving waters, or a storm drain or result in impacts to environmentally sensitive habitat areas, streams, the beach, wetlands or their buffers. 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 Property within 24 hours of the completion of the Project. Stock-piles 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 in proper trash and recycling receptacles at the end of each construction day. Solid waste, including excess concrete, shall be disposed in adequate disposal facilities at a legal disposal site or recycled at a recycling facility. 18. 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. ZA2025-070 Page 9 of 11 01-10-2023 invasive plant species and water efficient irrigation design. The plans shall be approved by the Planning Division. 19. All landscape materials and irrigation systems shall be maintained in accordance with 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. 20. 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 pursuant to 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, 2 or 1 short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active. 21. Construction activities shall comply with Section 10.28.040 (Construction Activity – Noise Regulations) 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. Noise-generating construction activities are not allowed on Saturday, Sundays, or Holidays. 22. All noise generated by the proposed use shall comply with Chapter 10.26 (Community Noise Control) and other applicable noise control requirements of the NBMC. 23. 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. 24. 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. Zoning Administrator Resolution No. ZA2025-070 Page 10 of 11 01-10-2023 25. 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 Murray Residence, including but not limited to, the Coastal Development Permit filed as PA2025-0072. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney’s fees, and other expenses incurred in connection with such claim, action, causes of action, suit, or proceeding whether incurred by the applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all the City's costs, attorneys' fees, and damages, which the City incurs in enforcing the indemnification provisions outlined in this condition. The applicant shall pay to the City upon demand any amount owed to the City under the indemnification requirements prescribed in this condition. Building Division 26. 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. 27. 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. 28. Prior to the issuance of a building permit, the final Water Quality and Hydrology Plan/ Water Quality Management Plan (WQHP/WQMP) shall be reviewed and approved by the Building Division. Implementation shall comply with the approved Construction Pollution Prevention Plan and WQHP/WQMP and any changes could require separate review and approval by the Building Division. Public Works Department 29. All private improvements and items within Cove Street right-of-way including, but not limited to, planters, fencing, and patio furniture shall be removed. 30. A new sewer cleanout shall be installed on the existing sewer lateral per City Standard 406. 31. A portion of the Cove Street right-of-way shall be reconstructed per City Standard 140. 32. An encroachment permit and agreement shall be required for the proposed colored concrete walkway along the existing three-foot wide storm drain easement. Fire Department Zoning Administrator Resolution No. ZA2025-070 Page 11 of 11 01-10-2023 33. The installation of a residential fire sprinkler system complying with the National Fire Protection Association (NFPA) 13D shall be installed.