HomeMy WebLinkAbout05_Robitaille Residence CDP_PA2020-121
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
October 29, 2020
Agenda Item No. 5
SUBJECT: Robitaille Residence (PA2020-121)
Coastal Development Permit No. CD2020-071
SITE
LOCATION: 908 East Balboa Boulevard
APPLICANT: Bradford C. Smith Architect
OWNER: Frank Robitaille
PLANNER: Joselyn Perez, Assistant Planner
949-644-3312, jperez@newportbeachca.gov
LAND USE AND ZONING
General Plan Land Use Plan Category: RT (Two Unit Residential)
Zoning District: R-2 (Two-Unit Residential)
Coastal Land Use Plan Category: RT-D (Two Unit Residential) (20.0 - 29.9 DU/AC)
Coastal Zoning District: R-2 (Two-Unit Residential)
PROJECT SUMMARY
A request for a coastal development permit to allow the demolition of a detached, one-
car garage that serves an existing single-family residence and the construction of a new,
detached, 436-square-foot, two-car garage with a 533-square-foot accessory dwelling
unit (ADU) above. The project includes additional appurtenances, such as walls, fences,
drainage devices, and hardscaping. The design complies with all applicable development
standards and no deviations are requested.
RECOMMENDATION
1) Conduct a public hearing;
2) This project is categorically exempt pursuant to Title 14 of the California Code of
Regulations Section 15303, Article 19 of Chapter 3, Guidelines for Implementation of
the California Environmental Quality Act (CEQA) under Class 3 (New Construction
or Conversion of Small Structures), Article 19 of Chapter 3, because it has no
potential to have a significant effect on the environment. The exceptions to the Class
3 exemption do not apply; and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development
Permit No. CD2020-071 (Attachment No. ZA 1).
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DISCUSSION
Land Use and Development Standards
The subject property is in the R-2 Coastal Zoning District, which provides for two-unit
residential development and
General Plan, and Zoning Code. A coastal development permit is required, and the
property is not eligible for a waiver for de minimis development because the property
is in the Coastal Commission Appeal Area.
The property consists of one legal parcel that is currently developed with a single-
family residence, a detached one-car garage, and accessory structures, including
planters, walls, a patio, and a pier. The existing one-car garage is nonconforming
because it does not provide the appropriate number of parking spaces (two), which
are required for single-family residences per Newport Beach Municipal Code
(NBMC) Chapter 21.40.040 (Off-Street Parking Spaces Required).
The surrounding neighborhood is also zoned R-2 and predominantly developed
with two-story structures. The adjacent properties have second-story development
and the ADU above the garage will not appear out of place in comparison with its
surroundings. The proposed design, bulk, and scale of the development is
consistent with the existing neighborhood pattern of development. The detached
garage and ADU is designed to be like the principal dwelling with respect to
architectural style, roof pitch, color, and materials.
The 533-square-foot ADU features one bedroom, one bathroom, a kitchen, and
living area.
NBMC chapter 21.48.200 (Accessory Dwelling Units) does not require additional
parking to be provided for an ADU when the proposed ADU is located within one-
half mile of a public transit. NBMC 21.48.200(C)(9)(c)(ii) defines as
a bus stop with fixed route bus service that provides transit service at fifteen-
minute intervals or better during peak commute periods. The nearest public
transport is in the form of an Orange County Transportation Authority (OCTA) bus
stop located at Palm Street and East Balboa Boulevard. This bus stop is
approximately 0.2-miles walking distance from the project site. The OCTA number
47 bus serves this stop and is identified in the OCTA system map (available as
Attachment ZA 3) as a route offering 15-minutes or less weekday rush hour
frequency.
The project is conditioned to require the recordation of a deed restriction that will
prohibit the use of the ADU for short term rentals (i.e., less than 30 days) and will
also prohibit the sale of the ADU separate from the principal dwelling. Currently
Title 21 has a requirement that the owner of the property occupy either the ADU
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or the principal structure and for that requirement to be included in the deed
restriction. State law has placed a moratorium on the owner-occupancy
requirement through 2025, and as such the requirement for owner-occupancy will
not be included in the deed restriction. This requirement is being eliminated as part
of a Local Coastal Program amendment that has been prepared and submitted for
review by the Coastal Commission (City of Newport Beach Local Coastal Plan
Amendment 1-20, LCPA-5-NPB-20-0025-1).
No Traffic Fair Share Fee is being assessed for the creation of a new dwelling unit
as the size of the ADU is less than 750-square-feet.
The proposed detached two-car garage and ADU above conform to all applicable
development standards. Required development standards include floor area limit,
setbacks, off-street parking, and height and the project complies as evidenced by the
project plans and illustrated in Table 1 below.
Table 1 Development Standards
Development Standard Standard Proposed
Setbacks (min.)
Front (from the
abandoned right of way
line on the waterfront
side of the property)
10 feet Unchanged
Front (from East Balboa
Boulevard)
1 foot 2 feet for the covered driveway
5 feet, 10 inches for the ADU
above
Sides 3 feet 3 feet, 1 inch
Allowable Floor Area (max.) 7,008 square feet 2,590 square feet
ADU unit Size 750 square feet 533 square feet
Open Space (min.) 527 square feet 1,696 square feet
Parking (min.) 2-car garage 2-car garage
Height (max.) 29-foot sloped roof 23 feet, 11 inches sloped roof
Hazards
The subject property fronts the Newport Bay and is protected by a shallow-
founded, low-height, brick bulkhead.
A Coastal Hazards Report and Sea Level Rise Analysis was prepared for the
project by GeoSoils, Inc., dated September 21, 2020. The report states that the
current maximum bay water elevation is 7.7 feet based on the North American
Vertical Datum of 1988 (NAVD88). The report analyzes future sea level rise
scenarios assuming a 2.95-foot increase in the maximum water level over the next
75 years (i.e., the life of the structure). The sea level is estimated to reach
approximately 10.65 feet NAVD88 (the likely range for sea level rise over 75-year
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design life of the structure based on low risk aversion estimates for sea level rise
provided by the State of California, Sea Level Rise Guidance: 2018 Update). The
report concludes that the habitable portion of the project will be safe from flooding
hazards for the next 75 years.
The existing bulkhead at the site is about 3 feet in total height at an elevation of
approximately 8.00 feet (
bulkhead elevation requirement, which is currently 10.65 NAVD88. The elevation
of the finish floor of the ADU will provide protection for the habitable portion of the
structure rather than be protected by the bulkhead itself. The report also
acknowledges that the bulkhead is not adequate to protect the existing principal
structure from a sea level rise of greater than 0.3 feet, which could occur within the
next decade.
The proposed floor elevation of the garage is approximately 8.40 feet NAVD88
with the ADU finished floor around 16.75 feet NAVD88. The finish floor elevation
of the project complies with the minimum 9.00 feet (NAVD88) elevation standard
for interior living areas of all new development within flood hazard areas. The
Coastal Hazard Report concludes that the bay water elevation (currently 7.7 feet
NAVD88) will not exceed the finished floor elevation of the habitable ADU until
beyond 2100. The new two-car garage however will be subject to flooding with a
sea level rise of about 0.5 feet. Flooding of the garage, a non-habitable area, is
allowed under The Federal Emergency Management Agency (FEMA) ASCE 24.
The project is conditioned accordingly that 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.
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.
Water Quality
The property is a bay front lot and located adjacent to coastal waters. All construction
will occur at the end of the property that abuts East Balboa Boulevard. A Construction
Erosion Control Plan was provided to implement temporary Best Management
Practices (BMPs) during construction to minimize erosion and sedimentation and to
minimize pollution of runoff and coastal waters derived by construction chemicals
and materials. The project design also addresses water quality through the inclusion
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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-
Public Access and Views
The project site is located between the nearest public road and the sea or shoreline.
Implementation Plan Section 21.30A.040 requires that the provision of public access
bear a reasonable relationship between the requirement and the
be proportional to the impact. In this case, the project replaces an existing detached,
nonconforming, one-car garage with a new, detached, two-car garage with ADU
above. The project does not involve a change in land use however the project does
increase density by one dwelling unit. This increase should not have a discernable
impact on public access to the coast or recreational opportunities as an increase of
one unit is a nominal change. Furthermore, there is a large municipal lot (Balboa
Municipal Lot) less than 0.25 mile from the project site. The lot, located at 701 East
Ocean Front, provides a considerable amount of parking for visitors to the area.
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, and it is not located on
a coastal bluff or in a canyon. The nearest coastal viewpoint as identified in the
Coastal Land Use Plan is over 300 feet away, on the opposite side of the Balboa
Peninsula, at Peninsula Park, and is not visible from the site. The project sits within
the allowed building envelope and does not contain any unique features that could
degrade the visual quality of the coastal zone. While the subject property is visible
from the harbor, the detached garage will be located on the opposite end of the
property and behind the existing principal structure. The appearance from the
waterfront will be unchanged.
Vertical access to the harbor is available at the east end of the block via the dead-
ending B Street. There the street meets a small, sandy, beach where lateral access
is available. The project does not include any features that would obstruct access
along these routes.
ENVIRONMENTAL REVIEW
This project is categorically exempt pursuant to Title 14 of the California Code of Regulations
Section 15303, Article 19 of Chapter 3, Guidelines for Implementation of the California
Environmental Quality Act (CEQA) under Class 3 (New Construction or Conversion of Small
Structures), Article 19 of Chapter 3, because it has no potential to have a significant effect
on the environment.
Class 3 exempts the demolition of up to three single-family residences and additions of
up to 10,000 square feet to existing structures. The proposed project consists of the
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demolition of a detached one-car garage and the construction of a new 436-square-foot
detached garage with a 533-square-foot ADU above. The project is within the parameters
noted for the Class 3 exemption and will not have a significant effect on the environment.
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..
PUBLIC NOTICE
Notice of this public hearing was published in the Daily Pilot, mailed to all owners and
residential occupants of property within 300 feet of the boundaries of the site (excluding
intervening rights-of-way and waterways), including the applicant, and posted on the
subject property at least 10 days before the scheduled hearing, consistent with the
provisions of the Municipal Code. A Notice of Filing was posted at the site by the Applicant
as required by NBMC Chapter 21.50.080 (Posting Notice). Additionally, the item
appeared on the agenda for this meeting, which was posted at City Hall and on the City
website.
APPEAL PERIOD:
This action shall become final and effective 14 days following the date the Resolution is
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. Final action taken by the City
may be appealed to the Coastal Commission in compliance with Section 21.64.035 of the
City’s certified LCP and Title 14 California Code of Regulations, Sections 13111 through
13120, and Section 30603 of the Coastal Act. For additional information on filing an appeal,
contact the Planning Division at 949-644-3200.
Prepared by:
BMZ/jp
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Public Transportation Exhibit
ZA 4 Project Plans
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Attachment No. ZA 1
Draft Resolution
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05-14-19
RESOLUTION NO. ZA2020-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING
COASTAL DEVELOPMENT PERMIT NO. CD2020-071 TO
DEMOLISH AN EXISTING DETACHED ONE-CAR GARAGE AND
CONSTRUCT A NEW DETACHED TWO-CAR GARAGE WITH
ANACCESSORY DWELLING UNIT (ADU) ABOVE LOCATED AT
908 EAST BALBOA BOULEVARD (PA2020-121)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Bradford C. Smith Architect (Applicant), with respect to property
located at 908 East Balboa Boulevard, requesting approval of a coastal development
permit.
2. The parcel at 908 East Balboa Boulevard is legally described as Lot 4, Block 13, Bay Front
Section of the Balboa Tract, including a portion of the abandoned street adjacent.
3. The Applicant proposes demolition of a detached, one-car garage that serves an existing
single-family residence and the construction of a new, detached, 436-square-foot, two-car
garage with a 533-square-foot accessory dwelling unit (ADU) above. The project includes
additional appurtenances, such as walls, fences, drainage devices, and hardscaping. The
design complies with all applicable development standards and no deviations are
requested.
4. The subject property is designated RT (Two Unit Residential) by the General Plan Land
Use Element and is located within the R-2 (Two-Unit Residential) Zoning District.
5. 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 Zone District.
6. A public hearing was held online on October 29, 2020, observing restrictions due to the
Declaration of a State Emergency and Proclamation of Local Emergency related to
COVID-19. 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, Article 19 of Chapter 3, Guidelines for Implementation of the
California Environmental Quality Act (CEQA) under Class 3 (New Construction or
Conversion of Small Structures), Article 19 of Chapter 3, because it has no potential to
have a significant effect on the environment.
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2. Class 3 exempts the demolition of up to three single-family residences and additions of
up to 10,000 square feet to existing structures. The proposed project consists of the
demolition of a detached one-car garage and the construction of a new 436-square-foot
detached garage with a 533-square-foot ADU above.
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 (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 subject property is zoned R-2. The property is currently developed with a single-
family residence that includes a detached, one-car garage. The current development is
nonconforming due to parking, as two garage spaces are required.
2. The proposed development complies with applicable residential development standards
including, but not limited to, floor area limitation, setbacks, height, parking, and unit size.
a. The maximum floor area limitation for the parcel is 7,008-square-feet. The existing
single-family residence is 1,621-square-feet, the ADU is 533-square-feet, and the
new garage is 436-square-feet. The total proposed floor area of all enclosed areas
is 2,590 square feet.
b. The development will maintain approximately 1,696-square-feet of open volume
area on the lot.
c. The proposed development provides the minimum required setbacks. The
setbacks required for the subject property are 1 foot along East Balboa Boulevard,
10 feet from the abandoned right of way line along the waterfront, and 3 feet along
each side property lines. There are no additional setback requirements for an ADU
above a garage.
d. The highest guardrail is less than 24 feet from established grade (8.04 feet
NAVD88) and the highest ridge is no more than 29 feet from established grade,
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02-03-2020
which comply with the maximum height requirements. An ADU above a garage is
subject to the same height limitations as the underlying zoning district.
e. The detached garage and ADU is designed to be similar to the principal dwelling
with respect to architectural style, roof pitch, color, and materials.
f. The project includes the construction of a detached garage, which will provide
parking for a total of two vehicles, complying with the minimum two-car garage
parking requirement for single-family residences with less than 4,000 square feet
of habitable floor area. The new garage will replace a smaller, nonconforming
garage, and will bring the single-family residence into conformance with current
parking development standards.
g. NBMC Chapter 21.48.200 (Accessory Dwelling Units) does not require additional
parking to be provided for an ADU when the proposed ADU is located within one-
half mile of a public transit. NBMC Subsection
fifteen (15) minute intervals or better during peak commute periods. The nearest
public transport is in the form of an Orange County Transportation Authority
(OCTA) bus stop located at Palm Street and East Balboa Boulevard. This bus stop
is approximately 0.2-miles walking distance from the project site. The OCTA
number 47 bus serves this stop and is identified in the OCTA system map as a
route offering 15 minute or less weekday rush hour frequency.
3. The project is conditioned to require the recordation of a deed restriction that will prohibit
the use of the ADU for short term rentals (i.e., less than 30 days) and will also prohibit
the sale of the ADU separate from the principal dwelling. Currently NBMC Section
21.48.200 has a requirement that the owner of the property occupy either the ADU or
the principal structure and for that requirement to be included in the deed restriction.
State law has placed a moratorium on the owner-occupancy requirement through 2025
and as such, the requirement for owner-occupancy will not be included in the deed
restriction. This requirement is being eliminated as part of a Local Coastal Program
amendment that has been prepared and submitted for review by the Coastal
Commission (City of Newport Beach Local Coastal Plan Amendment 1-20, LCPA-5-
NPB-20-0025-1).
4. The neighborhood is predominantly developed with two-story residences of varying
densities. The adjacent properties both have second story development and the ADU
above the garage will not appear out of place in comparison with its surroundings. The
proposed design, bulk, and scale of the development is consistent with the existing
neighborhood pattern of development.
5. A Coastal Hazards Report and Sea Level Rise Analysis was prepared for the project by
GeoSoils, Inc., dated September 21, 2020. The report states that the current maximum
bay water elevation is 7.7 North American Vertical Datum of 1988 (NAVD88). The report
analyzes future sea level rise scenarios assuming a 2.95-foot increase in the maximum
water level over the next 75 years (i.e. the life of the structure). The sea level is estimated
to reach approximately 10.65 feet NAVD88 (the likely range for sea level rise over 75-
year design life of the structure based on low risk aversion estimates for sea level rise
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provided by the State of California, Sea Level Rise Guidance: 2018 Update). The report
concludes that the habitable portion of the project will be safe from flooding hazards for
the next 75 years.
6. The Coastal Hazards Report acknowledges an existing bulkhead at the project site. The
bulkhead is a shallow founded low height brick structure, about 3 feet in total height (at
an elevation of approximately 8.00 feet NAVD88) and
top of bulkhead elevation requirement of 10.65 NAVD88. The elevation of the ADU will
protect the habitable portion of the structure rather than the bulkhead itself. Furthermore,
the report acknowledges that the bulkhead is not adequate to protect the existing
principal structure from a sea level rise of greater than 0.3 feet which could occur within
the next decade. The project is conditioned accordingly that 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.
7. The proposed floor elevation of the garage is approximately 8.40 feet NAVD88 with the
ADU finished floor at about 16.75 feet NAVD88. The finished floor elevation of the
project complies with the minimum 9.00 feet (NAVD88) elevation standard for interior
living areas of all new development within flood hazard areas. The Coastal Hazard
Report concludes that the bay water elevation (currently 7.7 feet NAVD88) will not
exceed the finished floor elevation of the habitable ADU until beyond 2100. The new
two car garage however will be subject to flooding with a sea level rise of about 0.5 feet.
Flooding of the garage, a non-habitable area, is allowed under The Federal Emergency
Management Agency (FEMA) ASCE 24.
8. 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.
9. The property is a bay front lot and located adjacent to coastal waters. A Construction
Erosion Control Plan was provided to implement temporary Best Management Practices
(BMPs) during construction to minimize erosion and sedimentation and to minimize
pollution of runoff and coastal waters derived by 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
10. 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, and it is not located on a
coastal bluff or in a canyon. The nearest coastal viewpoint as identified in the Coastal Land
Use Plan is over 300 feet away, on the opposite side of the Balboa Peninsula, at Peninsula
Park, and is not visible from the site. The project sits within the allowed building envelope
and does not contain any unique features that could degrade the visual quality of the
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02-03-2020
coastal zone. While the subject property is visible from the harbor, the detached garage
will be located on the opposite end of the property and behind the existing principal
structure. The appearance from the waterfront will be unchanged.
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 or shoreline. NBMC
Section 21.30A.040 requires that the provision of public access bear a reasonable
impact. In this case, the project replaces an existing detached, nonconforming, one-car
garage with a new, detached, two-car garage with ADU above. The project does not
involve a change in land use however the project does increase density by one additional
dwelling unit. This increase should not have a discernable impact on public access to the
coast or recreational opportunities as an increase of one unit is a nominal change and fits
within the allowable range designated by the Coastal Land Use Plan. Furthermore, there
is a large municipal lot (Balboa Municipal Lot) less than 0.25-mile from the project site. The
lot, located at 701 E Oceanfront, provides a considerable amount of parking for visitors to
the area.
2. Vertical access to the harbor is available at the east end of the block via the dead-ending
B Street. There the street meets a small, sandy, beach where lateral access is available.
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.
2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2020-071, 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. Final action taken
by the City may be appealed to the Coastal Commission in compliance with Section
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Sections 13111 through 13120, and Section 30603 of the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 29TH DAY OF OCTOBER, 2020.
_____________________________________
Jaime Murillo, Zoning Administrator
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02-03-2020
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 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 including the
repair and maintenance, enhancement, reinforcement, or any other activity affecting the
bulkhead, that results in any encroachment seaward of the authorized footprint of the
bulkhead or other shoreline protective device. The agreement shall be binding against
the property owners and successors and assigns.
3. 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,
s fees, disbursements and court costs) of every kind and nature whatsoever which
development. This letter shall be scanned into the plan set prior to building permit issuance.
4.Prior to the issuance of a building and/or grading permit for an accessory dwelling unit,
form and content of which is satisfactory to the City Attorney. The deed restriction
document shall notify future owners of the restrictions on short-term rentals. This deed
restriction shall remain in effect so long as the accessory dwelling unit exists on the
property.
5.Each unit shall be served by its individual water meter and sewer lateral and cleanout.
6. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right-of-way.
7. This Coastal Development Permit does not authorize any development seaward of the
private property.
8. 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:
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02-03-2020
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.
9. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall
be implemented prior to and throughout the duration of construction activity as
designated in the Construction Erosion Control Plan.
10. 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.
11. 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.
12. 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.
13. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
14. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
15. 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.
16. 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.
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Zoning Administrator Resolution No. ZA2020-###
Page 9 of 10
02-03-2020
17. Prior to the issuance of building permits, the Applicant shall submit a final construction
erosion control plan. The plan shall be subject to the review and approval by the Building
Division.
18. Prior to the issuance of building permits, the Applicant shall submit a final drainage and
grading plan. The plan shall be subject to the review and approval by the Building
Division.
19. Prior to issuance of a building permit, a copy of the Resolution, including conditions of
rated into the Building Division and field sets of
plans.
20. Prior to issuance of a building permit, the Applicant shall submit to the Planning Division
an additional copy of the approved architectural plans for inclusion in the Coastal
Development file. The plans shall be identical to those approved by all City departments
for building permit issuance. The approved copy shall include architectural sheets only
and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict
the elements approved by this Coastal Development Permit.
21. Prior to issuance of a building permit, the final WQHP/WQMP shall be reviewed and
approved by the Building Division. Implementation shall be in compliance with the
approved CPPP and WQHP/WQMP and any changes could require separate review
and approval by the Building Division.
22. 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.
23. 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.
24. Prior to the issuance of building permit, the Applicant shall pay any unpaid administrative
costs associated with the processing of this application to the Planning Division.
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. This Coastal Development Permit No. CD2020-071 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.
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Zoning Administrator Resolution No. ZA2020-###
Page 10 of 10
02-03-2020
27. 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
approval of Robitaille Residence including, but not limited to, Coastal Development Permit
No. CD2020-071 (PA2020-121). 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.
17
Attachment No. ZA 2
Vicinity Map
18
VICINITY MAP
Coastal Development Permit No. CD2020-071
PA2020-121
908 East Balboa Boulevard
Project Location
Subject Property
19
Attachment No. ZA 3
Public Transportation Exhibit
20
Palm Street and East Balboa Boulevard bus stop street iew
21
Walking distance
22
23
Attachment No. ZA 4
Project Plans
24
25
26
27
28
29
30
31
32
33
34
35
36
37
October 29, 2020, Zoning Administrator Agenda Comments
Comments submitted by: Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach
92660 (949-548-6229)
Item 5. Robitaille Residence Coastal Development Permit No. CD2020-
071 (PA2020-121)
Principal comment
The staff report does not appear to provide an accurate description of this location’s access to
public transportation.
OCTA Route 47 does appear to be able to stop at the location on East Balboa Boulevard
between Palm and Adams illustrated on handwritten page 21, and it definitely stops at Palm and
Ocean Front (adjacent to the Balboa Pier parking lot), which is a similar distance (0.2 miles)
from the subject property. But the most recent Route 47 schedule (“Effective October 11, 2020”)
shows the 15-minute-interval peak hour service extends only as far down the peninsula as 23rd
Street, north or the Newport Pier/McFadden Square/”Mixmaster” area. According to Google,
that 15-minute service is 1.9 miles, and a 38-minute walk, away from the subject property.
So despite the graphic depiction of Route 47 on the OCTA map shown on handwritten page 23,
as well as on OCTA’s 15 minutes (or less) map, it seems service never extends (as erroneously
shown) to the tip of the peninsula and service beyond 23rd Street is only hourly. An archived
schedule from June 9, 2019, confirms the hourly intervals are not just a COVID-19 adjustment.
Indeed, I believe the lack of regular, frequent service to Balboa Village was one of the prime
motivations for pursuing the Peninsula Trolley concept for the summer months.
If the decision about ADU parking is based on the on-ground reality of public transit service
rather than OCTA’s graphic representation of it, then the proposed ADU is, in fact, not within
one-half mile of “public transit” (as that term is defined) and Fact 3.A.2.g (on handwritten
page 10) and its conclusion of no needed parking, or at least the reason for the
conclusion, needs adjustment.
Additional comment
The discussion of owner-occupancy in Fact 3.A.3 also does not seem entirely accurate. The
requirement has not been “eliminated” by “a Local Coastal Program amendment that has been
prepared and submitted for review the Coastal Commission (City of Newport Beach Local
Coastal Plan Amendment 1-20, LCPA-5- NPB-20-0025-1).” Rather, what was approved by the
City Council in Item 10 at their March 10, 2020, meeting, retained the requirement, but didn’t
require it for units permitted between January 1, 2020, and January 1, 2025. As written (but not
yet approved) that would appear to create a permanent exception for units approved in that time
window. But given our current code requires the covenant, could and should the Zoning
Administrator impose it effective January 2, 2025, when state law no longer prohibits it? Or is
the state law written in such a way as to preclude that? It seems possible it is trying to say that
for ADU’s permitted during that time an owner-occupancy requirement cannot be imposed on
the use during that time.
Zoning Administrator - October 29, 2020
Item No. 5a Additional Materials Received After Deadline
Robitaille Residence Coastal Development Permit (PA2020-121)