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HomeMy WebLinkAboutZA2025-073 - APPROVING A COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING TWO-UNIT DWELLING AND CONSTRUCT A NEW TWO-UNIT DWELLING WITH ATTACHED GARAGES AND CARPORT FOR THE PROPERTY LOCATED AT 1402 AND 1402 1/2 WEST OCEAN FRONT (PA2024-0238)RESOLUTION NO. ZA2025-073 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING TWO-UNIT DWELLING AND CONSTRUCT A NEW, TWO-UNIT DWELLING WITH ATTACHED GARAGES AND CARPORT FOR THE PROPERTY LOCATED AT 1402 AND 1402 ½ WEST OCEAN FRONT (PA2024-0238) 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 Aaron Hale (Owner), with respect to property located at 1402 and 1402 ½ West Ocean Front, and legally described as Lot 2, Block 14 of Tract 234 (Property). 2. The Applicant requests a coastal development permit (CDP) to demolish an existing two- unit dwelling with an attached garage and construct a new 3,709-square-foot, three-story, two-unit dwelling with two attached single-car garages totaling 502 square feet and two carport spaces. The project also includes landscape, hardscape, drainage, and accessory structures (Project). The Project complies with all development standards and no deviations are requested. All improvements authorized by this CDP will be located on private property. 3. The Property is categorized as 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 category is Two-Unit Residential – 20.0 – 29.9 DU/AC (RT-D), and it is located within the Two-Unit Residential (R-2) Coastal Zoning District. 5. A public hearing was held on November 26, 2025, online via Zoom. A notice of time, place and purpose of the hearing was given in accordance with 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. The 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. Zoning Administrator Resolution No. ZA2025-073 Page 2 of 9 2. Class 3 exempts the demolition and construction of up to three single-unit dwellings in urbanized areas. The Project will demolish an existing two-unit dwelling and construct a new two-unit dwelling, consistent with the Class 3 exemption. 3. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. 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 4,496 square feet and the proposed floor area is 4,169 square feet. b. The Project provides the minimum required setbacks, which are 10 feet from the front property line abutting West Ocean Front, three feet from each side property line, and zero feet from the rear property line abutting West Ocean Front Alley. c. Both the highest flat roof and guardrails are less than 24 feet from established grade (34.91 feet based on the North American Vertical Datum of 1988 (NAVD 88)), and the highest ridge is no more than 29 feet from established grade (39.91 feet NAVD 88). The Project complies with all height requirements. d. The Project provides one single-car garage for each dwelling unit and one covered carport space for each dwelling unit for a total of four parking spaces, which complies with the minimum parking requirement for two-unit dwellings. e. The Project proposes a minimum top of slab elevation of 11.10 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. ZA2025-073 Page 3 of 9 2. The surrounding neighborhood is predominantly developed with two- and three-story dwellings. The proposed design, bulk, and scale of the Project is consistent with the existing neighborhood pattern of development. 3. A Coastal Hazards Report and Sea Level Rise Analysis was prepared by PMA Consulting, Inc. dated August 26, 2024. The report utilizes the adopted Sea Level Rise Guidance: 2018 Update provided by the State of California. As an ocean front property, the report analyzes the coastal hazards of shoreline erosion, flooding, wave runup, and sea level rise. The report analyzes future sea level rise scenarios assuming an increase in the maximum water level over the next 75 years (i.e., the life of the structure) of about 3.20 feet, resulting in a projected water elevation of 10.9 feet NAVD 88. However, based on the latest adopted Sea Level Rise Guidance: 2024 Update provided by the State of California, the sea level is estimated to reach approximately 12.6 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 report concludes that given the wide nature of the beach, lack of long-term shoreline erosion, and a high finished first floor elevation, the Project is reasonably safe from coastal hazards and sea level rise. In the event that sea level rises as currently estimated or higher, the report states that masonry block walls along site property lines with a top of wall elevation of 14.4 NAVD 88 can act as a protection device. 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 Project 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. 5 and 6 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 prior to the issuance of a building permit. 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 the CBC prior to building permit issuance. 6. The Property is located 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 prior to 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 prior to building permit issuance. Zoning Administrator Resolution No. ZA2025-073 Page 4 of 9 7. The Property is separated from the Pacific Ocean by a wide sandy beach and is over 500 feet from the high tide line. Pursuant to Section 21.35.030 (Construction Pollution Prevention Plan) of the NBMC, a Construction Pollution Prevention Plan (CPPP) is required 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. A CPPP has been provided and construction plans will be required to adhere to the CPPP. 8. Pursuant to Section 21.35.050 (Water Quality and Hydrology Plan) of the NBMC, a preliminary Water Quality Management Plan (WQMP) is required due to the proximity of the development to the shoreline and the development containing more than 75% of impervious surface area. The preliminary WQMP was prepared by CivilScapes Engineering, Inc. dated April 7, 2025. The WQMP includes a polluted runoff and hydrologic site characterization, a sizing standard for BMPs, 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. Prior to the issuance of a building permit, construction plans will be reviewed for compliance with the approved WQHP. 9. Proposed landscaping complies with Section 21.30.075 (Landscaping) of the NBMC. Condition of Approval No. 17 requires that landscaping be drought tolerant and non- invasive plant species. Prior to the issuance of a building permit, the final landscape plans will be reviewed to verify invasive species are not planted. 10. The Property is not located adjacent to a coastal view road or coastal viewpoint as identified in the Coastal Land Use Plan. The nearest designated coastal viewpoint is at Marina Park, approximately 925 feet northwest of the Property, and the nearest designated coastal view road segment is located along Newport Boulevard, over 5,700 feet away. The Project is not visible from either due to the distance from the points and intervening structures. The Property is located in the viewshed of the public beach, which is not a designated viewpoint but provides scenic views of the ocean. The Project replaces an existing two-unit dwelling built 80 years ago with a new two-unit dwelling that complies with all applicable Local Coastal Program (LCP) development standards and maintains a building envelope consistent with the existing and anticipated neighborhood pattern of development. The Project should blend in with existing development and does not have the potential to degrade the visual quality of the Coastal Zone or result in significant adverse impacts on existing public views. 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. Zoning Administrator Resolution No. ZA2025-073 Page 5 of 9 Facts in Support of Finding: 1. The Property is located on the Balboa Peninsula and between the nearest 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 bear a reasonable relationship between the requirement and the project’s impact and be proportional to the impact. In this case, the Project includes the demolition of a two-unit dwelling and the construction of a two-unit dwelling on an R-2 zoned lot. The Project maintains the same number of units as the existing development and does not involve a change in land use, density or intensity that will result in increased demand on 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 coast is available on either side of the Property via the 14th and 15th Street ends. Lateral access is provided on the beach and along the Oceanfront Boardwalk. The project does not include any features that would obstruct access along these routes. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this Project is categorically exempt from the California Environmental Quality Act 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 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 PA2024-0238, subject to the conditions set forth 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 Coastal 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 26TH DAY OF NOVEMBER, 2025. Zoning Administrator Resolution No. ZA2025-073 Page 6 of 9 EXHIBIT “A” CONDITIONS OF APPROVAL 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 require review by the Planning Division and 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 Coastal Development Permit filed as PA2024-0238 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. 5. Prior to the issuance of a building permit, the Owner shall submit a signed and notarized 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 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. The letter shall be scanned into the plan set prior to building permit issuance. 6. 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. 7. Prior to the issuance of a building permit, the final WQHP/WQMP shall be reviewed and approved by the Building Division. Implementation shall comply with the approved CPPP and WQHP/WQMP; any changes could require separate review and approval by the Building Division. Zoning Administrator Resolution No. ZA2025-073 Page 7 of 9 8. Prior to the issuance of a building permit, the Applicant shall submit a final construction erosion control plan. The plan shall be subject to the review and approval by the Building Division. 9. 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. 10. 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. 11. 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. 12. This approval 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. 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. 15. 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. 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. 16. 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. 17. 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-invasive plant species and water efficient irrigation design. The plans shall be approved by the Planning Division. 18. 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 Zoning Administrator Resolution No. ZA2025-073 Page 8 of 9 kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 19. 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. 20. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 (Community Noise Control) and other applicable noise control requirements of the NBMC. 21. 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, one or two short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active. 22. The Applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Coastal Development Permit. 23. 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. 24. 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 is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the Property is operated or maintained so as to constitute a public nuisance. Zoning Administrator Resolution No. ZA2025-073 Page 9 of 9 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. 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 Hale Residence including, but not limited to the Coastal Development Permit (PA2024-0238). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney’s fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by the Applicant, City, and/or the parties initiating or bringing such proceeding. The Applicant shall indemnify the City for all of the City's costs, 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 27. The foundation shall be designed for liquefaction mitigation, pursuant to California Building Code (CBC) Policy No. CBC 1803.5. 28. Habitable levels greater than one story above or below an egress door shall not exceed the 50-foot maximum travel distance from any occupied point to a stairway or ramp that provides egress from said habitable level. Fire Department 29. Installation of an NFPA 13D fire sprinkler system is required. Public Works Department 30. The Applicant shall install a new sewer clean out on the existing sewer lateral, pursuant to City Standard 406. 31. The Applicant shall remove all existing encroachments within the Ocean Front right of way and install a new sidewalk to match. 32. The existing water service shall be abandoned at the water main. Proposed service and meter shall be installed pursuant to City Standard 502.