HomeMy WebLinkAboutZA2024-004 - APPROVING A COASTAL DEVELOPMENT PERMIT FOR A 487 SQUARE FOOT ADDITION AND REMODEL WHICH INCLUDES CREATING A 281 SQUARE FOOT JUNIOR ACCESSORY DWELLING UNIT AT 2401 BAY SHORE DRIVE (PA2023-0157)01-10-2023
RESOLUTION NO. ZA2024-004
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING A COASTAL
DEVELOPMENT PERMIT FOR A 487 SQUARE FOOT ADDITION
AND REMODEL WHICH INCLUDES CREATING A 281 SQUARE
FOOT JUNIOR ACCESSORY DWELLING UNIT AT 2401 BAY
SHORE DRIVE (PA2023-0157)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Pat Austin of Cynthia Childs Architects, concerning property
located at 2401 Bay Shore Drive and legally described as Lot 89 of Tract No. 1140,
requesting approval of a coastal development permit.
2. The applicant requests a coastal development permit (CDP) to allow a 487 square foot
addition and remodel of an existing 3,764-square-foot, two-story, single-unit dwelling
with an attached, 560-square-foot, two-car garage. The remodel includes converting
existing habitable space on the first floor into a new, 281-square-foot Junior Accessory
Dwelling Unit (JADU). A CDP is required because the proposed addition exceeds 10%
of the existing gross floor area of the residence. The total gross floor area of the
residence after the addition would be 4,807 square feet.The project also includes
landscape, hardscape, spa and subsurface drainage improvements. All improvements
authorized by this CDP will be located on private property. The project complies with all
development standards and no deviations from the Newport Beach Municipal Code
(NBMC) are requested.
3. The subject 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.
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Single Unit Residential Detached (RSD-B) (6.0 – 9.9 DU/AC) and it is located
within the Single-Unit Residential (R-1) Coastal Zoning District.
5. A public hearing was held on January 25, 2024, 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 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. ZA2024-004
Page 2 of 9
01-10-2023
2. Class 3 exempts the demolition, construction, or conversion of up to three single-family
residences in urbanized areas. The proposed project will remodel an existing single-unit
dwelling, create a JADU, and will add 487 square feet of floor area to the existing
residence.
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.
By 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 proposed addition and remodel 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 6,720 square feet. The proposed floor
area is approximately 4,807 square feet, which includes a 700 square foot
garage and a 281 square foot JADU.
b. The proposed project provides the minimum required setbacks, which are 10
feet along the front property line abutting Bay Shore Drive, 4 feet along each
side property line, and 10 feet along the rear property line.
c. The highest guardrail is less than 24 feet from the established grade (9.19
feet NAVD88) and the highest ridge is no more than 29 feet from the
established grade, which complies with the maximum height requirements.
d. The parking standard for detached Single-Unit Dwellings with under 4,000
square feet of habitable living space is two spaces per unit, in a garage. While
the project will result in a total gross floor area of 4,807 square feet, the garage
makes up 700 square feet and the JADU makes up 281 square feet of this total.
Garage floor area and the area of the JADU, a separate unit, do not count
towards the 4,000 square foot threshold. The parking requirement will remain
as two spaces in a garage.
Zoning Administrator Resolution No. ZA2024-004
Page 3 of 9
01-10-2023
2. The project will add 140 square feet to the existing garage, 68 square feet to the first floor of
the residence, and 279 square feet to the second floor, for a total addition of 487 square feet.
3. Section 21.48.200 (Accessory Dwelling Units) of the NBMC allows for one Junior Accessory
Dwelling Unit (JADU) to be developed within an existing single-unit dwelling. The project will
convert the existing den on the first floor into a 281 square foot JADU. The JADU will have
external access provided from the side yard and internal connection to the principal dwelling.
4. The neighborhood is predominantly developed with one-story and two-story, single-unit
dwellings. The proposed design, bulk, and scale of the development are consistent with
the existing neighborhood pattern of development.
5. The project site is located approximately 135 feet from the harbor, specifically the Lido
Channel. It is separated from the water by 2400 Bay Shore Drive, which is currently
developed as a sandy beach. The project is also separated from the water by Bay Shore
Drive. The site is not a waterfront lot and is not protected by a bulkhead. The surrounding
community is protected by private bulkheads.
6. The finished floor elevation of the existing single-unit dwelling is 9.88 feet (NAVD 88),
which complies with the minimum 9.00-foot (NAVD 88) elevation standard. The
identified distances from the coastal hazard areas coupled with the 9.88-foot NAVD88
finish floor elevation will help to ensure the project is reasonably safe for the economic
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
Division standards and policies. If required during plan check, 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 the CBC before building permit issuance.
8. As conditioned, the project design will address water quality with a construction erosion
control plan and a post-construction drainage system that includes drainage and
percolation features designed to retain dry weather runoff and minor rain event runoff
on-site. Any water not retained on-site will be directed to the City’s storm drain system.
9. The project site is within a neighborhood that is adjacent to Coast Highway, a designated
coastal view road; however, the segment of Coast Highway abutting the Bay Shores
Community is excluded from this designation. The project site is not located adjacent to
a public viewpoint, public park, public beach, or public accessway, as identified in the
Coastal Land Use Plan. The nearest public viewpoint is approximately 1,785 feet away,
Kings Road Park. The second closest public viewpoint is Castaways Park, approximately
2,500 feet from the project site. The project site may be located within the viewshed of
distant public viewing areas; however, the project complies with all applicable Local
Coastal Program development standards and maintains a building envelope consistent
with the existing neighborhood pattern of development. Therefore, the project does not
Zoning Administrator Resolution No. ZA2024-004
Page 4 of 9
01-10-2023
have the potential to degrade the visual quality of the Coastal Zone or result in significant
adverse impacts to public views.
10. New landscaping will be verified for compliance with NBMC Section 21.30.075
(Landscaping). Prior to issuance of the building permits, the final landscape plans will be
reviewed to verify invasive species are not planted.
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, in the
private community of Bay Shores. Developed in 1941, Bay Shores is a 258-lot, single-
family gated community located on the Lido Channel, southwest of Coast Highway and
Newport Bay Bridge. The 39-unit Anchorage Apartment complex is also located within the
community. The community is accessible from Coast Highway via Bay Shore Drive, a
private street.
2. Coastal Land Use Plan Policy 3.1.5-3 requires public access consistent with public access
policies for any new development in private/gated communities causing or contributing to
adverse public access impacts. Implementation Plan Section 21.30A.040 (Determination
of Public Access/Recreation Impacts) 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 improves an existing single-unit
residence located on a coastal lot and adds one, 281 square foot JADU which is fully
contained within the existing structure. While the project adds an additional unit, no
significant impact to demand for public access or recreation opportunities is anticipated
considering Bay Shores is a private, gated community that does not provide public access.
3. The Property does not currently provide, nor does it inhibit public coastal access. Vertical
and lateral access to the bay front is available adjacent to the Bay Shores community at
the Balboa Bay Club, which is immediately west of the Bay Shores Community.
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. The exceptions to this
categorical exemption under Section 15300.2 of the CEQA Guidelines are not applicable.
Zoning Administrator Resolution No. ZA2024-004
Page 5 of 9
01-10-2023
2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit (PA2023-0157), subject to the conditions outlined in Exhibit “A,” which
is attached hereto and incorporated by reference.
3. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal or call for review is filed with the
Community Development Director by the provisions of Title 21 Local Coastal Program
(LCP) Implementation Plan, of the Newport Beach Municipal Code. Final action taken
by the City may be appealed to the Coastal Commission in compliance with Section
21.64.035 (Appeal to the Coastal Commission) of the City’s certified LCP and Title 14
California Code of Regulations, Sections 13111 through 13120, and Section 30603 of
the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 25TH DAY OF JANUARY, 2024.
Zoning Administrator Resolution No. ZA2024-004
Page 6 of 9
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 issuance of building permits, the owner shall record a deed restriction prepared by
the City noting, with respect to the JADU, the size of the unit, a description of the unit,
prohibiting its short-term rental or separate sale, and specifying an owner-occupancy
requirement.
3. Prior to the 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.
4. Prior to issuance of building permits, the applicant shall pay any unpaid administrative
costs associated with the processing of this application to the Planning Division.
5. 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.
6. The applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA).
In compliance with the MBTA, grading, brush removal, building demolition, tree
trimming, and similar construction activities shall occur between August 16 and January
31, outside of the peak nesting period. If such activities must occur inside the peak
nesting season from February 1 to August 15, compliance with the following is required
to prevent the taking of native birds under MBTA:
A. The construction area shall be inspected for active nests. If birds are observed flying
from a nest or sitting on a nest, it can be assumed that the nest is active. Construction
activity within 300 feet of an active nest shall be delayed until the nest is no longer
active. Continue to observe the nest until the chicks have left the nest and activity is no
longer observed. When the nest is no longer active, construction activity can continue
in the nest area.
B. It is a violation of state and federal law to kill or harm a native bird. To ensure
compliance, consider hiring a biologist to assist with the survey for nesting birds, and
to determine when it is safe to commence construction activities. If an active nest is
found, one or two short follow-up surveys will be necessary to check on the nest and
determine when the nest is no longer active.
Zoning Administrator Resolution No. ZA2024-004
Page 7 of 9
01-10-2023
7. 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.
8. 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.
9. 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.
10. 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.
11. Revisions to the approved plans require subsequent review by the Planning Division
and may require an amendment to this Coastal Development Permit or the processing
of a new Coastal Development Permit.
12. The project is subject to all applicable City ordinances, policies, and standards unless
specifically waived or modified by the conditions of approval.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
Zoning Administrator Resolution No. ZA2024-004
Page 8 of 9
01-10-2023
18. 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 Saturdays, Sundays, or Holidays.
19. 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
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:
Between the hours of 7:00 AM
and 10:00 PM
Between the hours of 10:00
PM and 7:00 AM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within
100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
20. 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.
21. 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.
22. 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 Moinfar Residence including but not limited to,
Coastal Development Permit (PA2023-0157). 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
23. A modification to the fire sprinkler system is required.
24. Fire sprinkler plans shall be listed as a deferred submittal.
Zoning Administrator Resolution No. ZA2024-004
Page 9 of 9
01-10-2023
Building Division
25. The Applicant is required to obtain all applicable permits from the City’s Building
Division and Fire Department. The construction plans must comply with the most
recent, City-adopted version of the California Building Code.
26. Shoring is required whenever excavation is deeper than distance to property line.
27. The foundation shall be designed for liquefaction mitigation per Building Code Policy.
28. Emergency escape and rescue openings shall be provided for Master bedroom and
Bedroom 2.