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HomeMy WebLinkAboutZA2026-011 - APPROVING A COASTAL DEVELOPMENT PERMIT TO ALLOW AN ADDITION GREATER THAN 10 PERCENT AND AN INCREASE IN HEIGHT GREATER THAN 10 PERCENT TO AN EXISTING SINGLE-UNIT DWELLING LOCATED AT 239 61ST STREET (PA2025-0209)Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL February 27, 2026 Attn: Dawn Vaught & Jason Richart dawn@richartdesign.net Subject: Coastal Development Permit (PA2025-0209) 239 61st Street Annino Residence CDP Dear Ms. Vaught, It was a pleasure working with you on the above referenced application. Please be advised that the subject application was approved by the Zoning Administrator on February 26, 2026 and is now within the required City appeal period until March 13, 2026. If no appeals are filed with the City, a Notice of Final Action will be mailed to the California Coastal Commission. Upon receipt of the notice by the Coastal Commission, the action will be subject to an additional 10-working-day appeal period. You may track status of the Coastal Commission appeal period via the following link: Statewide Appealable Projects PDF At the conclusion of both appeal periods, a building permit may be issued for the project. A copy of the approved resolution with findings and conditions is attached. If you have any questions, please do not hesitate to contact me directly. Thank you and I look forward to working with you again in the future. Sincerely, ____________________________ Laura Rodriguez, Assistant Planner 01-10-2023 RESOLUTION NO. ZA2026-011 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT TO ALLOW AN ADDITION GREATER THAN 10 PERCENT AND AN INCREASE IN HEIGHT GREATER THAN 10 PERCENT TO AN EXISTING SINGLE-UNIT DWELLING LOCATED AT 239 61ST STREET (PA2025-0209) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Jason Richart (Applicant), on behalf of Joseph and Michelle Annino (Owners), concerning property located at 239 61 st Street and legally described as Lot G in Block 1 of Tract Map No. 772 (Property) requesting approval of a coastal development permit (CDP). 2. The Applicant proposes a 731-square-foot addition (43%) to an existing 1,699-square-foot, one-story, nonconforming single-unit dwelling, including the construction of a second story. The residence is considered nonconforming because the Newport Beach Municipal Code (NBMC) requires a 3-foot side yard setback and a 5-foot rear yard setback, whereas the existing structure only provides 2-foot-9-inch side yard setbacks and a 4-foot-9-inch rear yard setback. As the proposed addition exceeds 10% of the existing gross floor area and the additional story represents an increase in height greater than 10%, a CDP is required (Project). 3. The Property is categorized as Single Unit Residential Detached (RS-D) by the Land Use Element of the General Plan 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 February 26, 2026, 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. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This Project is categorically exempt pursuant to Title 14 of the California Code of Regulations Section 15301 Division 6, Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities), because it has no potential to have a significant effect on the environment. 2. Class 1 exempts additions to an existing structure of up to 10,000 square feet if the project is in an area where all public services and facilities are available and the area in Zoning Administrator Resolution No. ZA2026-011 Page 2 of 9 which the project is located is not environmentally sensitive. The Project is a 731-square- foot addition to an existing single-unit dwelling in a developed neighborhood, served by existing utilities, and is not within an environmentally sensitive area. Therefore, the Class 1 exemption is applicable. SECTION 3. REQUIRED FINDINGS. Coastal Development Permit In accordance with Section 21.52.015 (Coastal Development Permits, Findings, and Decision) of the NBMC the following findings, and facts in support of such findings are set forth: Finding: A. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The Project complies with all applicable residential development standards, including, but not limited to, floor area limitation, setbacks, height and parking. a. The maximum floor area limitation for the Property is 4,198 square feet and the Project will result in a total floor area of 2,430 square feet. b. The Project provides the minimum required setbacks, which are five feet from the front property line along 239 61st Street, three feet from each side property line, and five feet from the rear property line. While the existing residence only provides 2 feet 9 inches of setback from each side property line and only 4 feet 9 inches from the rear property line, the areas of addition will provide the minimum required setbacks. The existing nonconformities will not be affected by the Project. c. The highest guardrail is less than 24 feet above the established grade, and the highest ridge is no more than 29 feet above the established grade, which complies with the maximum height requirements. d. The existing residence provides a two-car garage, complying with the minimum two- car parking requirement for a single-unit dwelling with less than 4,000 square feet of habitable floor area. 2. Section 21.38.040 (G)(1) of the NBMC allows for the expansion of nonconforming structures and the retention of existing nonconforming elements subject to the following: a. Does not impede public access to and along the sea or shoreline and to coastal parks, trails, or coastal bluffs; b. Does not block or impair public views to and along the sea or shoreline or to coastal bluffs and other scenic coastal areas; c. Conforms to coastal resource protection development regulations of Section 21.28.040 (Bluff (B) Overlay District), Section 21.28.050 (Canyon (C) Overlay Zoning Administrator Resolution No. ZA2026-011 Page 3 of 9 District), Section 21.30.030 (Natural Landform and Shoreline Protection), Chapter 21.30A (Public Access and Recreation), or Chapter 21.30B (Habitat Protection); and d. Is not located within an area identified as hazardous due to erosional factors or coastal hazards. In this case, the Project is located midblock, on an inland property, and in a developed area, approximately 100 feet from Semeniuk Slough. The existing residence does not block or impair public access to and along the slough because the Property does not abut the slough and is not located next to a public access way or coastal access point. While the Project is near a designated coastal viewpoint, Newport Shores Park, the views of the slough would not be obstructed from this park since the Property is not between the park and the slough. The Property is not located in the designated Bluff or Canyon Overlay Districts and the Property is not near any natural landforms, or abutting a shoreline, and is separated from the slough by a paved road and park. 3. Section 21.38.040 (G)(2) allows a nonconforming structure to be expanded up to 50% of the existing gross floor area. The Project is proposing a 731-square-foot addition (43%) which complies with the limitation for nonconforming residential structures. 4. When reviewing a CDP for an expansion of a nonconforming residential structure, the review authority shall consider the following: a. Whether the nonconforming structure can be modified to, or replaced with, a conforming structure that would restore or enhance visual quality in a visually degraded area; b. Whether the nonconforming structure, with or without the proposed addition, is visually compatible with the character of the surrounding area; and c. Whether the nonconforming structure is architecturally or historically significant. Creating a compliant single-unit dwelling with the required side and rear setbacks would require the removal of the entire side and rear exterior walls. The intent of the Project is to provide additional living area by proposing a 36-square-foot addition on the first floor, to extend the kitchen and entry hallway, and a 695-sqaure-foot addition to create a second story. The Project is not proposing to significantly reframe any of the exterior walls, rather it is proposing minor alterations to existing windows and doors. The neighborhood is also predominantly developed neighborhood with one- and two-story, single-unit dwellings. The Project would not result in a visually degrading area since the addition is not creating significant massing. The second floor addition is substantially setback from the front property line and passed the easterly side yard setback which reduces massing. The addition to the existing residence is consistent with the existing neighborhood pattern of development since the Project will result in a two-story single- unit dwelling. The nonconforming residence is not considered architecturally or historically significant. 5. The Property is located within a developed area of West Newport and not adjacent to the harbor or shoreline. The Property’s existing finished floor elevation is 8.3 feet National American Vertical Datum of 1988 (NAVD88), which is below the minimum 9.0 Zoning Administrator Resolution No. ZA2026-011 Page 4 of 9 feet NAVD88 top of slab elevation requirement for new structures. However, the Project is for an addition to an existing residence and is not considered a new single-unit dwelling. Therefore, the Property is not required to raise the finished floor elevation to 9.00 feet (NAVD88). Furthermore, the Property is located within an area designated by the Federal Emergency Management Agency (FEMA) as Flood Zone X and has reduced flood risk due to nearby levees. 6. 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. 7. The property is located within 115 feet of the Semeniuk Slough. A Construction Pollution Prevention 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 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. 8. Pursuant to Section 21.35.050 (Water Quality and Hydrology Plan) of the NBMC, due to the Project 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, October 10, 2025. The WQHP includes a polluted runoff and hydrologic site characterization, a sizing standard for BMPs, the use of a LID approach to retain the design storm runoff volume on-site, and documentation of the expected effectiveness of the proposed BMPs. The final priority WQHP shall be reviewed and approved by the Building Division during plan check. 9. The Project does not propose any new landscaping. However, any future landscaping shall comply with Section 21.30.075 (Landscaping) of the NBMC. 10. The Property is not located adjacent to a coastal view road but is located near a designated Coastal Viewpoint as identified in the Coastal Land Use Plan. The nearest coastal viewpoint is Newport Shores Park, which is 85 feet away from the Property. This viewpoint is accessible to the public and may provide views of the slough. While the park may provide potential views of the pacific ocean, the Property is outside of this viewshed from the park. Therefore, the Project would not obscure views from this public area. The proposed second story addition may be visible from the park. However, the Project complies with all applicable Local Coastal Program (LCP) development standards and maintains a building envelope consistent with the existing neighborhood pattern of development. Therefore, the Project does not contain any unique features that could degrade the visual quality of the coastal zone. Zoning Administrator Resolution No. ZA2026-011 Page 5 of 9 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 Project is not located between the nearest public road and the sea or shoreline. As such, it is not necessary to assess the consistency with the public access and public recreation policies of Chapter 3 of the Coastal Act. However, vertical access to the beach is available in proximity to the Property, along 61st Street. Lateral access begins at the 61st Street end and is available 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 under Section 15301 under Class 1 (Existing Facilities) 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 PA2025-0239 subject to the conditions outlined in Exhibit “A,” which is attached hereto and incorporated by reference. 3. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director by the provisions of Title 21 (Local Coastal Program Implementation Plan), of the Newport Beach Municipal Code. Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 (Appeal to the Coastal Commission) of the City’s certified LCP and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. PASSED, APPROVED, AND ADOPTED THIS 26TH DAY OF FEBRUARY, 2026. Zoning Administrator Resolution No. ZA2026-011 Page 6 of 9 EXHIBIT “A” CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan, floor plans, and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. No demolition or construction materials, equipment debris, or waste, shall be placed or stored in a location that would enter the sensitive habitat, receiving waters, or storm drains or result in impacts to environmentally sensitive habitat areas, streams, the beach, wetlands or their buffers. No demolition or construction materials shall be stored on public property. 3. Prior to the 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. 4. Prior to the issuance of building permits, the Applicant shall submit a final drainage and grading plan. The plan shall be subject to review and approval by the Building Division. 5. 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. 6. Prior to the 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. 7. 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 Zoning Administrator Resolution No. ZA2026-011 Page 7 of 9 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 13. The Project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 14. 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. 15. 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. 16. Proposed landscaping shall comply with NBMC 20.36.070 (Landscape and Irrigation Plan Standards). 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. 17. 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 syste ms shall be Zoning Administrator Resolution No. ZA2026-011 Page 8 of 9 kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 18. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday, and 8:00 a.m. and 6:00 p.m. on Saturday. Noise -generating construction activities are not allowed on Sundays or Holidays. 19. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified periods unless the ambient noise level is higher: 20. Prior to the issuance of the building permit, the Applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 21. 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. 22. 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. 23. 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 Annino Residential Addition including but not limited to, the Coastal Development Permit filed as PA2025-0209. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney’s fees, and other expenses incurred in connection with such claim, action, causes of action, suit, or proceeding whether incurred by the applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all the City's costs, attorneys' fees, and damages, which the City incurs in enforcing the indemnification provisions outlined in this condition. The applicant shall pay to the City upon demand any amount owed to the City under the indemnification requirements prescribed in this condition. Fire Department 24. Clearance on at least one unobstructed pathway from the front to the rear of the Property shall be required for emergency access. Zoning Administrator Resolution No. ZA2026-011 Page 9 of 9 25. A residential fire sprinkler system shall be required to comply with the National Fire Protection Agency 13D. Public Works Department 26. A new sewer cleanout on the existing sewer lateral shall be installed per City Standard 406.