HomeMy WebLinkAboutZA2024-039 - APPROVING A COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING DUPLEX AND CONSTRUCT A NEW THREE-STORY SINGLE-UNIT DWELLING AND JUNIOR ACCESSORY DWELLING UNIT AND AN ATTACHED TWO-CAR GARAGE LOCATED AT 503 & 503 ½ 36TH STREET (PA2024-0063)RESOLUTION NO. ZA2024-039
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, APPROVING A COASTAL
DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING DUPLEX
AND CONSTRUCT A NEW THREE-STORY SINGLE-UNIT
DWELLING AND JUNIOR ACCESSORY DWELLING UNIT AND
AN ATTACHED TWO-CAR GARAGE LOCATED AT 503 & 503 ½
36TH STREET (PA2024-0063)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by John Morgan, Architect, on behalf of the owner Steven Allen
with respect to property located at 503 & 503 ½ 36th Street, and legally described as Lot 2,
Block 536 of the Canal Section Tract, requesting approval of a Coastal Development
Permit.
2. The Applicant requests a coastal development permit (CDP) to allow the demolition of an
existing duplex and the construction of a new 2,208-square-foot, three-story, single-unit
dwelling with an attached 291 square foot junior accessory dwelling unit (JADU) and an
attached 449-square-foot, two-car garage. The project includes landscape, hardscape,
drainage, and accessory structures all within the confines of the property. The project also
includes raising the height of the existing bulkhead. 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 subject property is categorized RT (Two Unit Residential) by the General Plan Land
Use Element and is located within the R-2 (Two-Unit Residential) Zoning District.
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is RT-D (Two Unit Residential) - (20.0 – 29.9 DU/AC) and it is located within the
R-2 (Two-Unit Residential) Coastal Zoning District.
5. A public hearing was held on June 13, 2024, 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. 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. ZA2024-039
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2. Class 3 exempts the demolition and construction of up to three single-family residences
in urbanized areas. The proposed project consists of the demolition of an existing duplex
with an attached garage and the construction of a new 2,208-square-foot, three-story,
single-unit dwelling with an attached 291 square foot JADU and an attached 449-
square-foot, two-car garage.
3. There are no known exceptions listed in CEQA Guidelines Section 15300.2 (Exceptions)
that would invalidate the use of these exemption. 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 Newport Beach Municipal Code (NBMC), the following findings and facts in
support of such findings are set forth:
Finding:
A. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The proposed development complies with applicable residential development standards
including, but not limited to, floor area limitation, setbacks, height, and parking.
a. The maximum floor area limitation is 3,120 square feet and the proposed floor area
is 2,949 square feet including the 449 square foot garage and 291 square foot
JADU.
b. The proposed development provides the minimum required setbacks, which are
five feet along the front property abutting 36th street, three feet along each side
property line, and 30 feet along the second front property line abutting the Bay.
c. The highest flat roof/guardrail is below 24 feet from established grade (33 feet
NAVD88) and the highest ridge is no more than 29 feet from established grade.
The proposed development complies with all height requirements.
d. The proposed development provides a two-car garage, meeting the minimum two-
car garage requirement for a single-family residence with less than 4,000 square
feet of habitable floor area. No parking is required for the JADU.
e. The proposed lowest finished floor elevation of the new residence is 9.0 feet North
American Vertical Datum of 1988 (NAVD 88), which complies with the minimum
9.0-foot top of slab elevation requirement for interior living areas of new structures.
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f. The JADU complies with the maximum floor area, parking, height, and setback
provisions of the NBMC.
2. The neighborhood is predominantly developed with two-story single-unit dwellings with
scattered one and three-story single-unit dwellings. The proposed design, bulk, and
scale of the development is consistent with the existing neighborhood pattern of
development.
3. The Project proposes to demolish the existing duplex on-site to construct a single-unit
dwelling and attached ADU. As a result, the Project complies with the Housing Crisis
Act of 2019 and Senate Bill 8 (Skinner) because it does not result in the loss of
residential density. The State Department of Housing and Community Development
(HCD) has verified with the City in an email dated March 23, 2022, that an ADU is
considered a housing unit under Government Code Section 66300 provisions to replace
existing units. The Property Owner has certified that the units are not "protected" units
under Section 66330 Subdivision (d)(2). The Project is consistent with the General Plan,
Local Coastal Program, and Zoning designations that allow the single-unit dwellings and
accessory dwelling unit land uses. Under Coastal Land Use Plan Table 2.1.1-1, the Two
Unit Residential (RT) category is intended to provide primarily for two-family residential
development such as duplexes or townhomes. Implementation Program (IP) Table
21.18-1 shows “Single-Unit Dwellings – Detached” and “Accessory Dwelling Units” as
allowed uses in the R-2 Coastal Zoning District. Therefore, the Project of a single-unit
dwelling residence and junior accessory dwelling unit to replace the existing duplex is
consistent with the R-2 zoning and land use designations and does not result in a loss
of residential density.
4. The development fronts the Newport Harbor and is protected by a bulkhead. A bulkhead
conditions report was prepared by PMA Consulting, Inc. dated February 22, 2024. The
report concluded that the bulkhead is required to protect the proposed principal structure
on the lot, and to do so must be repaired, reinforced, and raised. The PMA Consulting,
Inc. report asserts that with maintenance, repair, and reinforcement, it is reasonable to
assume that the bulkhead will last another 75 years.
5. A Coastal Hazards Report and Sea Level Rise Analysis was prepared by PMA
Consulting, Inc. dated February 22, 2024. The current maximum bay water elevation is
7.7 feet (NAVD88) and may exceed the existing top of bulkhead elevation of
approximately 7.5 feet during rare high tide or storm events. 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 3.15. The sea level is estimated to reach
approximately 9.7 to 13.7 feet (NAVD88) - (the likely range for sea level rise over 75-
year design life of the structure based on low risk and medium/high risk aversion
estimates for sea level rise provided by the State of California, Sea Level Rise Guidance:
2018 Update). Once the existing bulkhead is raised to 10.9 feet per proposed plans,
flooding, wave runup, and erosion will not significantly impact this property over the
proposed 75-year economic life of the development.
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6. On March 23, 2021, the City Council approved updated Waterfront Project Design
Guidelines and Standards, Harbor Design Criteria Commercial & Residential Facilities.
The guidelines require that any bulkhead structure permitted within the years 2021 through
2025 must have a minimum bulkhead elevation of 10.9 feet (NAVD88) with a design for
adaptability elevation of 14.4 feet (NAVD 88). The project proposes to raise the bulkhead
to an elevation of 10.9 feet (NAVD 88). PMA Consulting, Inc. has confirmed that the
bulkhead design can be raised up to 14.4 feet (NAVD88) if needed and in compliance with
the updated guidelines.
7. The finish floor elevation of the proposed single-unit dwelling is at a minimum elevation
of 9.0 feet NAVD88, which complies with the minimum 9.0-foot NAVD88 elevation
standard.
8. 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 CBC prior to building permit issuance.
9. Pursuant to Newport Beach Municipal Code (NBMC) Section 21.30.030(C)(3)(i)(iv) -
(Natural Landform and Shoreline Protection – Development Standards), the property
owner 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 Waiver of Future Protection is included as a condition of approval
that will need to be recorded prior to a final building inspection.
10. The property owner 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 Newport Beach Municipal Code (NBMC) Section 21.30.015(D)(3)(c) –
(General Site Planning and Development Standards - Waterfront Development). The
Acknowledgement of Coastal Hazards is included as a condition of approval that will need
to be recorded prior to the issuance of building permits.
The property is located adjacent to coastal waters. Pursuant to Section 21.35.030
(Construction Pollution Prevention Plan) of the Municipal Code, 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.
A CPPP has been provided and construction plans and activities will be required to adhere
to the CPPP.
11. Pursuant to NBMC Section 21.35.050 (Water Quality and Hydrology Plan), due to the
proximity of the development to the shoreline and the development containing more than
75% of impervious surface area, a preliminary Water Quality Management Plan (WQMP)
is required. The preliminary WQMP was prepared by Forkert Engineering & Surveying,
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Inc. dated March 12, 2024. The WQMP includes a polluted runoff and hydrologic site
characterization, a sizing standard for BMPs, use of an LID approach to retain the design
storm runoff volume on site, and documentation of the expected effectiveness of the
proposed BMPs. Construction plans will be reviewed for compliance with the approved
WQHP prior to building permit issuance.
12. Proposed landscaping complies with Implementation Plan Section 21.30.075
(Landscaping). A condition of approval is included that requires drought-tolerant species.
Before the issuance of building permits, the final landscape plans will be reviewed to verify
invasive species are not planted.
13. The project site is not located adjacent to a coastal view road, public access way, or
Coastal Viewpoint as identified in the Coastal Land Use Plan. The nearest coastal
viewpoint is Newport Island Park, approximately 500 feet west of the property. Newport
Island Park is separated from the subject property by the Rialto Channel and views are
obstructed between them by the row of waterfront dwellings along 38th Street. Another
coastal viewpoint lies 1000 feet northeast of the property, near the intersection of Central
Avenue and Via Oporto. The nearest coastal view road segment is located along Newport
Boulevard. These areas primarily offer views of the turning basin and Lido Channel. Views
are oriented to the bay and properties across the water. Three rows of residences impede
visibility to the subject property and these viewpoints and coastal view roads.
14. The proposed three-story design is consistent with the existing neighborhood pattern of
development containing one, two, and some scattered three-story dwellings, and will not
affect the existing, limited views afforded from the viewing areas. The project will replace an
existing duplex with a new single-dwelling unit and JADU that comply with all applicable
development standards, including the third-story setbacks that provide additional fifteen-foot
setbacks along the bay and street property lines (as measured from the setback lines). There
are also two-foot third floor setbacks from the side setback lines. The project presents the
opportunity to enhance views by updating an older structure with a new building with an
updated design. All structures within the front setback area along the bay would be limited
to 42 inches in height, ensuring that the bay does not appear to be walled off. Therefore, the
project does not have the potential to degrade the visual quality of the coastal zone or result
in significant adverse impacts to 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.
Facts in Support of Finding:
1. The project site is located between the nearest public road and the sea. 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 includes
Zoning Administrator Resolution No. ZA2024-039
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the demolition of a duplex and the reconstruction of a single-unit dwelling with an attached
Junior Accessory Dwelling Unit on an R-2 zoned lot. Therefore, the project 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. Coastal Access is currently provided and will continue to be provided by street ends
throughout the Balboa Peninsula and the Finley Tract with access to the beach and water.
The nearest vertical access is available less than 50 feet from the property at the Finley
Avenue end. This location provides access (and views) to the edge of the bay but does
not provide access into or along the Bay. There is an additional vertical access point at the
36th Street end where there is a grassy area. Lastly, 36th Street does not contain an outlet
and the project would not impact 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.
2. The Zoning Administrator of the City of Newport Beach hereby approves the Coastal
Development Permit (PA2024-0063), 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 Newport Beach Municipal Code (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 13TH DAY OF JUNE 2024.
Zoning Administrator Resolution No. ZA2024-039
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EXHIBIT “A”
CONDITIONS OF APPROVAL
Planning Division
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. Revisions to the approved plans may require an amendment to this coastal development
permit or the processing of a new coastal development permit.
3. This coastal development permit does not authorize any development on the bay end of
the private property.
4. Coastal Development Permit No. PA2024-0063 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 (NBMC), unless an extension is otherwise
granted.
5. Prior to the issuance of building permits, the property owner shall record a deed restriction
with the County Recorder’s Office, the form and content of which is satisfactory to the City
Attorney, prohibiting the use of the accessory dwelling unit for short-term rentals (i.e., less
than 30 days) and prohibiting the sale of the JADU separate from the principal dwelling.
This deed restriction shall remain in effect so long as the accessory dwelling unit exists on
the property.
6. Prior to a final building permit inspection for the dwelling, the existing seawall shall be
reinforced and capped to 10.90 feet (NAVD88) and capable to be raised up to 14.4 feet
(NAVD88), in compliance with the City of Newport Beach Waterfront Project Guidelines
and Standards, Harbor Design Criteria Commercial & Residential Facilities.
7. Prior to the issuance of a building permit, the property 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 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.
8. Prior to a 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
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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.
9. Prior to issuance of building permits, 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.
10. 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.
11. Prior to the issuance of a building permit, the applicant shall submit a final drainage and
grading plan. The plan shall be subject to the review and approval by the Building Division.
12. 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.
13. 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.
14. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right-of-way.
15. 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.
16. 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.
17. 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.
18. 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.
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19. 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.
20. 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.
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 Saturdays, Sundays, or holidays.
22. 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.
23. 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.
24. 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.
25. 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
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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.
26. 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 either the current
business owner, property owner, or the leasing agent.
27. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
28. To the fullest extent permitted by law, applicant shall indemnify, defend 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 Allen Residence including, but not limited to, Coastal Development Permit
(PA2024-0063). This indemnification shall include, but not be limited to, damages awarded
against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in
connection with such claim, action, causes of action, suit or proceeding whether incurred by
applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall
indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in
enforcing the indemnification provisions set forth in this condition. The applicant shall pay to
the City upon demand any amount owed to the City pursuant to the indemnification
requirements prescribed in this condition.