HomeMy WebLinkAbout06_UIP Balboa, LLC Accessory Dwelling Unit CDP and Modification Permit_PA2022-088CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
June 15, 2023
Agenda Item No. 6
SUBJECT: 1216 West Balboa LLC Accessory Dwelling Unit (PA2022-088)
▪Coastal Development Permit
▪Modification Permit
SITE LOCATION: 1216 West Balboa Boulevard
APPLICANT: 1216 West Balboa, LLC
OWNER: 1216 West Balboa, LLC
PLANNER: Liz Westmoreland, Senior Planner
949-644-3234, lwestmoreland@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
The applicant requests a Coastal Development Permit (CDP) to construct a 386-square-foot
accessory dwelling unit (ADU) on an existing multi-unit residential property. The ADU would
be detached from the primary multi-family structure and elevated above a new two (2)-space
carport. The new two (2)-space covered carport would replace two (2) existing uncovered
parking spaces. The existing four (4)-car garage would also be converted to four (4) open
carport spaces and one (1) additional tandem parking space would be added on-site. A
Modification Permit is also requested to reduce the required parking space dimensions of
the new two (2)-space carport from 20 feet deep by 20 feet wide to 20 feet deep by 18 feet
wide (i.e. two (2) feet narrower). No other changes to the existing multi-family structure are
proposed.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15303, Class 3 (New Construction or Conversion of Small
Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division
6, Chapter 3, because it has no potential to have a significant effect on the environment;
and
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3) Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development
Permit and Modification Permit filed as PA2022-088 (Attachment No. ZA 1).
DISCUSSION
Land Use and Development Standards
• The subject property is in the R-2 Coastal Zoning District, which provides for single-
and two-unit residential development and is consistent with the City’s Coastal Land
Use Plan, 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 is located within
the Categorical Exclusion Area and is greater than 300 feet from the water, however,
the existing underlying development is legal non-conforming due to density and
parking. Therefore, a CDP is required. Lastly, a CDP for an ADU does not require a
public hearing, however, the request for the Modification Permit requires a public
hearing.
• A prior iteration of the project that included two ADUs and no replacement parking
was reviewed by the Zoning Administrator in November of 2022, however, no action
was taken on the application due parking concerns. The Applicant subsequently
revised their design to include only one ADU with two-car replacement parking below.
The revised design also includes conversion of the existing 4-space garage into
carports and the addition of one tandem parking space. Written public comments on
the prior design are included in this staff report for reference as Attachment ZA 3.
The previously submitted comments are primarily related to concerns regarding short
term lodging and parking. As redesigned, the proposed project results in one
additional parking space on site for the ADU and the required deed restriction
precludes the ADU from being rented for a period 30-days or less.
• The property currently consists of two legal lots developed with a multi-unit structure
consisting of 7 dwelling units and two (2) attached two (2)-car garages. The
neighborhood is predominantly developed with one- and two-story multi-unit
residences. There are several multi-unit residential structures along West Balboa
Boulevard, which are primarily one to two stories. Of the 11 properties in the block, 9
are multi-unit structures containing more than two dwelling units. The largest
development includes 8 units, with the bulk of properties including 3 to 4 units. The
properties behind the subject site are primarily duplexes and single-unit dwellings
that consist of mainly two stories with a few one- and three-story structures. The
proposed ADU is on the second story and would reach approximately 17 feet, where
the existing multi-unit structure on site is approximately 20 feet. The proposed ADU’s
design, bulk, and 2-story scale are consistent with the existing neighborhood pattern
of development.
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• The proposed ADU conforms to all applicable development standards, including floor
area limit, setbacks, height, and off-street parking as evidenced by the project plans
and illustrated in Table 1 below.
Table 1 – ADU Development Standards
Development Standard Standard Proposed
Number of ADUs Allowed 2 Detached ADUs 1 Detached ADU
Setbacks (min.)
Front 5 feet >32 feet
Sides 4 feet 4 feet
Rear 0 feet 3 feet 5 inches
Allowable Floor Area for
Property (max.)
10,320 square feet 5,949 square feet
Allowable Floor Area for ADU
(max.)
850 square feet 386 square feet
Parking (min.) 1-space for ADU
Replacement parking
for any displaced
spaces
1-space for ADU
Replacement parking for
two displaced spaces
provided
Height (max.) 18-feet1 17-feet
1 California State Law and Title 20 allow the detached ADU to reach 18 feet maximum. Updates to
Title 21 are in process with the California Coastal Commission, including an allowance for detached
ADUs to reach 18 feet maximum. Based on direction received from California Coastal Commission
staff, since State Law governing ADUs allows detached ADUs to reach 18 feet, the 18-foot height
limit shall apply provided there are no impacts to coastal resources.
Water Quality and Hazards
• The property is located within 270 feet of 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 the City’s storm drain system.
• The development is located on an inland property in a developed area approximately
270 feet from the bay. The project site is separated from the bay (the nearest body
of water) by two rows of residential development and the West Bay Avenue right-of-
way. The finished floor elevation of the first floor of the proposed structure is
approximately 18 feet based on the North American Vertical Datum of 1988
(NAVD88), which complies with the minimum 9.00-foot (NAVD88) elevation standard
for new structures. The identified distances from the coastal hazard areas coupled
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with the higher finished floor elevation will help to ensure the project is reasonably
safe for the economic life of the structure.
• The property is in an area known for the potential of seismic activity and liquefaction.
All projects are required to comply with the California Building Code (CBC) and
Building Division standards and policies. Geotechnical investigations specifically
addressing liquefaction are required to be reviewed and approved before the
issuance of 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 before building permit issuance.
Public Access and Views
• 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 at Marina Park and is not visible from the site. The proposed ADU is
located at the rear of the site along the alley and would not be visible from West
Balboa Boulevard or 12th Street, as the existing multi-family structure obstructs views.
Furthermore, the proposed ADU complies with all applicable Local Coastal Program
(LCP) development standards and maintains a height and setback consistent with
the existing neighborhood pattern of development. Additionally, the project does not
contain any unique features that could degrade the visual quality of the coastal zone.
Lastly, the proposed ADU is approximately 2 feet lower than the existing roof of the
multi-unit structure and the gross floor area would be approximately 60 percent of
what is allowed by the NBMC.
• The project does not contain any unique features that could degrade the visual quality
of the coastal zone. The proposed ADU is approximately 2 feet lower than the
existing roof of the multi-unit structure and the gross floor area would be
approximately 60 percent of what is allowed by the NBMC, reducing the bulk and
scale of the 386-square foot ADU. Although recent revisions to the ADU
development standards have been adopted in Title 20 of the NBMC, the
corresponding updates in Title 21 are in process with the California Coastal
Commission, including an allowance for detached ADUs to reach 18 feet maximum
instead of the prior standard of 16 feet. Based on direction received from California
Coastal Commission staff, since State Law governing ADUs allows detached ADUs
to reach 18 feet, the 18-foot height limit shall apply provided there are no impacts to
coastal resources. Based on the small size of the unit (386 square feet where 850
square feet is allowed), scale of existing development onsite and in the vicinity, and
compatibility with the existing rooflines (existing multi-unit structure is two feet higher
than the proposed ADU), no impacts to coastal views are anticipated.
• The project site is located between the nearest public road and the sea or shoreline.
Section 21.30A.040 of the NBMC requires that the provision of public access bear a
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reasonable relationship between the requirement and the project’s impact, and be
proportional to the impact. In this case, the project creates one ADU in conjunction
with an existing multi-family development. Section 21.48.200 of the NBMC
(Accessory Dwelling Units) allows up to two detached ADUs on a parcel that is
developed with a multi-family structure. Although the project will add one additional
dwelling unit to the property, it is accessory to primary multi-unit structure and is a
studio with limited occupancy (and associated demand on public access). The ADU
also includes its own parking on-site, which would reduce the need to park on the
street and avoids impacts to public parking availability.
•The new ADU and parking space are accessible via the alley in the rear of the
property and would not result in any curb cuts or loss of parking. Thus, 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.
•Vertical and Lateral access to the bay and beach is available approximately 200 feet
from the site along 12th Street where there is a small access point. The project does
not include any features that would obstruct access along these routes.
Modification Permit
•Due to the existing development onsite and lot dimensions, a detached ADU could
not be constructed on the site without affecting existing on-site parking. The
proposed parking area of the site is the only location to accommodate a detached
ADU. Although the design of the proposed ADU will comply with all applicable Title
20 and 21 standards and State ADU requirements, the Title 20 standards related
to side-by-side parking would preclude construction of the ADU.
•The purpose and intent of Zoning Code Chapter 20.40 (Off-Street Parking) is to
provide sufficient off-street parking to serve on-site land uses, which in this case is
the existing multi-unit structure and proposed ADU. Currently, on-site parking
consists of four garage spaces and two uncovered spaces in the open area where
the ADU will be constructed. The proposed project replaces two off-street parking
spaces (uncovered) for a total of 7 parking spaces to serve the residential use
whereas the existing design provides 6 parking spaces. To achieve this, the ADU
is being constructed as an elevated unit to maintain the existing two parking
spaces as tuck-under parking. The project also proposes to make the existing 4-
car garage spaces more usable by (1) removing the garage doors (ensuring car
usage as opposed to storage) and (2) eliminating the wall separating the two
garages, which will create a larger garage space to more easily accommodate
cars.
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• The Zoning Code requires that replacement parking spaces provide a minimum of
20 feet in width (on a 40-foot-wide lot or greater) and 20 feet deep. The NBMC
requires a four-foot side yard setback for the ADU and the carport walls. Excluding
required supports for the carport and ADU above, there is only 18 feet of width
remaining between the side setback and the existing multi-unit structure onsite.
Therefore, because of the location of the existing building and side setback, a 20-
foot carport width is not physically possible.
• Other properties in the area are smaller in width and require garages or carports
that are 17 feet 6 inches wide (for lots 30 wide or less) or 18 feet 6 inches wide (for
lots between 30.1 and 39.99 feet wide), where the subject site (approx. 62 feet
wide) requires a width of 20 feet (for lots 40 feet or greater). The proposed 18-foot-
wide garage represents a minor 2-foot deviation that is similar in size to other
parking spaces in the area, which demonstrates that an 18-foot width is sufficient
for the parking of two vehicles.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) 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.
Class 3 exempts the demolition and construction of up to three single-family residences in
urbanized areas. The proposed project consists of the addition of a detached 386-square-
foot accessory dwelling units in conjunction with a multi-unit structure and therefore qualifies
for this exemption.
There are no known exceptions listed in CEQA Guidelines Section 15300.2 that would
invalidate the use of this 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.
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. Additionally, the item appeared on the agenda for this
meeting, which was posted at City Hall and on the city website.
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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 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. For
additional information on filing an appeal, contact the Planning Division at 949-644-3200.
Prepared by:
JM/law
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Public Comments on Prior Application
ZA 4 Project Plans
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Attachment No. ZA 1
Draft Resolution
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01-10-2023
RESOLUTION NO. ZA2023-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING A COASTAL
DEVELOPMENT PERMIT FOR A NEW DETACHED ADU AND A
MODIFICATION PERMIT FOR A NEW CARPORT TO DEVIATE
FROM THE MINIMUM REQUIRED WIDTH LOCATED AT 1216
WEST BALBOA BOULEVARD (PA2022-088)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by 1216 West Balboa LLC, concerning property located at 1216
West Balboa Boulevard, requesting approval of a coastal development permit and
modification permit.
2. The lot at 1216 West Balboa Boulevard is legally described as Lots 5 and 6, Block 112
of Tract No. 234.
3. The applicant requests a Coastal Development Permit to construct a 386-square-foot
accessory dwelling unit (ADU) on an existing multi-unit residential property. The ADU
would be detached from the primary multi-unit structure and elevated above a new two (2)-
space carport. The new two (2)-space covered carport would replace two (2) existing
uncovered parking spaces. The existing four (4)-car garage would also be converted to
four (4) open carport spaces and one (1) additional tandem parking space would be added
on-site. A modification permit is also requested to reduce the required parking space
dimensions of the new two (2)-space carport from 20 feet deep by 20 feet wide to 20 feet
deep by 18 feet wide (i.e. two (2) feet narrower). No other changes to the existing multi-
unit structure are proposed.
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 on June 15, 2023, online via Zoom. A notice of the time, place,
and purpose of the hearing was given by 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
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Conversion of Small Structures) because it has no potential to have a significant effect
on the environment.
2. Class 3 exempts the demolition and construction of up to three single-family residences
in urbanized areas. The proposed project consists of the addition of a detached 386-
square-foot accessory dwelling unit in conjunction with an existing multi-unit structure
and therefore qualifies for this exemption.
3. The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
SECTION 3. REQUIRED FINDINGS.
Coastal Development Permit
By Section 21.52.015 (Coastal Development Permits, Findings, and Decision) of the Newport
Beach Municipal Code, 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 number of parking
spaces.
a. The maximum floor area limitation is 850 square feet per ADU for a
studio/one-bedroom unit. The proposed ADU will be approximately 386
square feet. The maximum floor area limit for the property is 10,320 square
feet, and with the proposed 386-square-foot ADU, the total floor area would
be 5,949 square feet. Therefore, the property is approximately 60 percent of
the total floor area allowed by the NBMC.
b. The proposed development provides the minimum required setbacks, which
are 0 feet along the rear property line abutting the alley and 4 feet along the
side property line.
c. The highest point of the proposed ADU structure (including carport below) is 17
feet from established grade, which complies with the 18-foot maximum height
limit identified in Section 20.48.200(F)(3)(c)(i) of the NBMC. Although recent
revisions to the ADU development standards have been adopted in Title 20 of
the NBMC, the corresponding updates in Title 21 are in process with the
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California Coastal Commission, including an allowance for detached ADUs to
reach 18 feet maximum. Based on direction received from California Coastal
Commission staff, since State Law governing ADUs allows detached ADUs to
reach 18 feet, the 18-foot height limit shall apply provided there are no impacts
to coastal resources.
d.The existing 7-unit multi-unit development includes four (4) enclosed garage
spaces and two (2) uncovered parking spaces. The proposed ADU requires one
additional parking space on-site.
i.The project replaces the existing two uncovered parking spaces that will
be displaced by the new ADU. The two uncovered parking spaces will
be redesigned as a two (2)-space carport below the ADU.
ii.The garage doors on the existing two-(2) car garages onsite (4 parking
spaces total) that serve the existing multi-unit building will be removed to
create open carports. The converted carports will include one additional
tandem space at the back of the existing garage, which complies with the
requirement to add one additional parking space on-site. Because the
proposed carports are visible from the alley and not secured by a garage
door, it increases the likelihood that the parking spaces will be used for
the storage of vehicles and not for the storage of other items. Therefore,
the proposed project will improve the parking conditions on site.
iii.The project also includes the installation of bike racks onsite to
accommodate 8 bicycles, providing tenants the option for alternative
modes of transportation.
iv.A modification permit is requested to deviate from the Title 20 standard
width requirement for a new two-car carport below the ADU. For
properties that are over 40 feet wide, Title 20 of the NBMC requires a
minimum of 20 feet deep by 20 feet wide clear for two-(2) car parking.
The proposed carport is 20 feet deep by 18 feet wide which is two (2)
feet narrower than the minimum requirement. However, the 18-foot width
would be acceptable if the lot was narrower, and has proven to be
sufficient width to accommodate two vehicles. Lastly, Title 21, of the
NBMC does not include minimum dimensions for parking spaces and no
deviations to Title 21 standards are requested.
2.The neighborhood is predominantly developed with one- and two-story multi-unit
residences. There are several multi-unit residential structures along West Balboa
Boulevard, which are primarily one to two stories. Of the 11 properties in the block, 9
are multi-unit structures containing more than two dwelling units. The largest
development includes 8 units, with the bulk of properties including 3 to 4 units. The
properties behind the subject site are primarily duplexes and single-unit dwellings that
consist of mainly two stories with a few one- and three-story structures. The proposed
ADU is on the second story and would reach approximately 17 feet, where the existing
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multi-unit structure on site is approximately 20 feet. The proposed ADU’s design, bulk,
and 2-story scale are consistent with the existing neighborhood pattern of development.
3.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 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.
4.The property is located within 270 feet of 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 the City’s storm drain
system.
5.The development is located on an inland property in a developed area approximately 270
feet from the bay. The project site is separated from the bay (the nearest body of water)
by two rows of residential development and the West Bay Avenue right-of-way. The
finished floor elevation of the first floor of the proposed structure is approximately 18 feet
based on the North American Vertical Datum of 1988 (NAVD88), which complies with the
minimum 9.00-foot (NAVD88) elevation standard for new structures. The identified
distances from the coastal hazard areas coupled with the higher finished floor elevation
will help to ensure the project is reasonably safe for the economic life of the structure.
6.New landscaping is not proposed nor required as part of this project. Any future
landscaping would be required to comply with the NBMC.
7.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 at Marina Park and is not visible from the site. The proposed ADU is located
at the rear of the site along the alley and would not be visible from West Balboa Boulevard
or 12th Street, as the existing multi-family structure obstructs views. Furthermore, the
proposed ADU complies with all applicable Local Coastal Program (LCP) development
standards and maintains a height and setback consistent with the existing neighborhood
pattern of development.
8.The project does not contain any unique features that could degrade the visual quality of
the coastal zone. The proposed ADU is approximately 2 feet lower than the existing roof
of the multi-unit structure and the gross floor area would be approximately 60 percent of
what is allowed by the NBMC, reducing the bulk and scale of the 386-square foot ADU.
Although recent revisions to the ADU development standards have been adopted in Title
20 of the NBMC, the corresponding updates in Title 21 are in process with the California
Coastal Commission, including an allowance for detached ADUs to reach 18 feet
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maximum instead of the prior standard of 16 feet. In the interim, California Coastal
Commission staff has provided direction stating that since State Law governing ADUs
allows detached ADUs to reach 18 feet, the 18-foot height limit shall apply provided there
are no impacts to coastal resources. Based on the small size of the unit (386 square feet
where 850 square feet is allowed), scale of existing development onsite and in the vicinity,
and compatibility with the existing rooflines (existing multi-unit structure is two feet higher
than the proposed ADU), no impacts to coastal views are anticipated.
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.
Section 21.30A.040 of the NBMC requires that the provision of public access bear a
reasonable relationship between the requirement and the project’s impact, and be
proportional to the impact. In this case, the project creates one ADU in conjunction with an
existing multi-family development. Section 21.48.200 of the NBMC (Accessory Dwelling
Units) allows up to two detached ADUs on a parcel that is developed with a multi-family
structure. Although the project will add one additional dwelling unit to the property, it is
accessory to primary multi-unit structure and is a studio with limited occupancy (and
associated demand on public access). The ADU also includes its own parking on-site,
which would reduce the need to park on the street and avoids impacts to public parking
availability.
2.The project site was previously located within a half (1/2) mile of a transit stop, however in
February 2023, Orange County Transportation Authority (OCTA) terminated this section
of the bus route. Where the project was previously exempt from parking, it now requires
and includes one additional parking space for the ADU. Additionally, the new ADU and
parking space is accessible via the alley in the rear of the property and would not result in
any curb cuts or loss of parking. Thus, 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.
3.Vertical and Lateral access to the bay and beach is available approximately 200 feet from
the site along 12th Street where there is a small access point. The project does not include
any features that would obstruct access along these routes.
Modification Permit
In accordance with Section 20.52.050.E (Modification Permits – Required Findings) of the
Newport Beach Municipal Code, the following findings and facts in support of such findings are
set forth:
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Finding:
C. The requested modification will be compatible with existing development in the
neighborhood.
Facts in Support of Finding:
1. The majority of residential developments in the vicinity provide access to their garage or
carport via the alley, consistent with the proposed project.
2. Other properties in the area are smaller in width and require garages or carports that
are 17 feet 6 inches wide (for lots 30 wide or less) or 18 feet 6 inches wide (for lots
between 30.1 and 39.99 feet wide), where the subject site (approx. 62 feet wide)
requires a width of 20 feet (for lots 40 feet or greater). The proposed 18-foot-wide garage
represents a minor 2-foot deviation that is similar in size to other parking spaces in the
area, which demonstrates that an 18-foot width is sufficient for the parking of two
vehicles.
3. The proposed two-car carport is located in the same location as the existing uncovered
parking spaces.
4. The project will maintain and enhance existing on-site parking. Currently, on-site parking
consists of four garage spaces and two uncovered spaces in the open area where the
ADU will be constructed. The ADU is being constructed as an elevated unit to maintain
the existing two parking spaces as tuck-under parking. The project also proposes to
make the existing 4-car garage spaces more usable by (1) removing the garage doors
(ensuring car usage as opposed to storage) and (2) eliminating the wall separating the
two garages, which will create a larger garage space to more easily accommodate cars.
5. The proposed side-by-side parking width is consistent with prevailing parking space
widths in the general vicinity. Many of the existing parking spaces for the surrounding
single-unit and multi-unit homes do not comply with current standards and are
considered existing non-conforming.
Finding:
D. The granting of the modification is necessary due to the unique physical characteristic(s)
of the property and/or structure, and/or characteristics of the use.
Facts in Support of Finding:
1. The Zoning Code requires that replacement parking spaces require a minimum of 20
feet in width (on a 40-foot-wide lot or greater) and 20 feet deep. The NBMC requires a
four-foot side yard setback for the ADU and the carport walls. Excluding required
supports for the carport and ADU above, there is only 18 feet of width remaining between
the side setback and the existing multi-unit structure onsite. Therefore, because of the
location of the existing building and side setback, a 20-foot garage width is not physically
possible.
14
Zoning Administrator Resolution No. ZA2023-###
Page 7 of 13
01-10-2023
2.The granting of the Modification Permit is necessary to allow the construction of a new
ADU with tuck under parking that replaces the existing two uncovered spaces.
Additionally, the reduction in width is negligible in that it would still allow two vehicles to
park inside.
3.The existing uncovered parking is also currently constrained in width because of the
existing electrical panel structure located on the northern wall of the existing structure,
which projects into the yard approximately 2 feet. That electrical panel structure and the
associated electrical panels will be relocated.
Finding:
E.The granting of the modification is necessary due to practical difficulties associated with
the property and that the strict application of the Zoning Code results in physical
hardships that are inconsistent with the purpose and intent of the Zoning Code.
Facts in Support of Finding:
1.Due to the existing development onsite and lot dimensions, a detached ADU could not
be constructed on the site without affecting existing on-site parking. The proposed
parking area of the site is the only location to accommodate a detached ADU. Although
the design of the proposed ADU will comply with all applicable Title 20 and 21 standards
and State ADU requirements, the Title 20 standards related to side-by-side parking
would preclude construction of the ADU. The purpose and intent of Zoning Code
Chapter 20.40 (Off-Street Parking) is to provide sufficient off-street parking to serve on-
site land uses, which in this case is the existing multi-unit structure and proposed ADU.
The proposed project replaces two off-street parking spaces (uncovered) for a total of 7
parking spaces to serve the residential use whereas the existing design provides 6
parking spaces.
2.At the time of application filing, the project site was within a 1/2 mile of public transit.
Under the existing NBMC provisions governing ADUs, parking would not have been
required for the ADU. However, OCTA eliminated the extension of Line 47 down Balboa
Boulevard in March 2023. The project site is now just outside of the 1/2-mile walking
distance from the closest Line 47 stop. The project was revised to add one additional
parking space onsite, therefore a two-car carport is proposed in lieu of a one-car carport
that would have previously been sufficient.
Finding:
F.There are no alternatives to the modification permit that could provide similar benefits
to the applicant with less potential detriment to surrounding owners and occupants, the
neighborhood, or to the general public.
Facts in Support of Finding:
15
Zoning Administrator Resolution No. ZA2023-###
Page 8 of 13
01-10-2023
1. Increasing the width of the carport to 20 feet would require the building to encroach 2
feet into the required side setback of 4 feet. Review and approval of a variance would
be required to allow this deviation. Furthermore, relief from the Title 21 setback
development standards would also be required to implement this alternative. The
deviation to the setback requirement may impact the adjacent neighbors and may result
in Building Code or Fire Code conflicts.
2. The applicant could shift the carport two feet towards the existing garage and multi-unit
structure to accommodate the additional width. However, that would result in a reduction
in width of the existing garages onsite which would not improve the parking conditions.
Finding:
G. The granting of the modification would not be detrimental to public health, safety, or
welfare, to the occupants of the property, nearby properties, the neighborhood, or the
City, or result in a change in density or intensity that would be inconsistent with the
provisions of this Zoning Code.
Facts in Support of Finding:
1. The proposed deviation for the two-car garage, would not impact light, air, and privacy
of surrounding neighbors. The new ADU and two-car carport will be consistent in scale
with other dwellings in the neighborhood.
2. The proposed project would comply with all other development standards such as
height, setbacks, and maximum floor area.
3. The proposed project maintains the minimum 3-foot side yard for fire access in
accordance with Zoning Code Section 20.30.110 (Setbacks Regulations and
Exceptions), Subsection A(1)(c).
4. The approval of this Modification Permit is conditioned such that the applicant is required
to obtain all necessary permits in accordance with the Building Code and other
applicable Codes. The Building Division has reviewed the proposed project and included
a condition of approval for demonstration of project compliance with Building Codes.
5. The project provides additional parking for the ADU and maintains existing parking for
the primary multi-unit dwellings, which will ensure that the ADU occupant does not
require the use of on-street parking spaces. Thus, no impacts to coastal resources will
result from providing a reduced width of on-site parking.
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 of Conversion of Small Structures) of the CEQA
16
Zoning Administrator Resolution No. ZA2023-###
Page 9 of 13
01-10-2023
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 and Modification Permit (PA2022-088), 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 15TH DAY OF June, 2023.
_____________________________________
Benjamin M. Zdeba, AICP, Zoning Administrator
17
Zoning Administrator Resolution No. ZA2023-###
Page 10 of 13
01-10-2023
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.Prior to the issuance of a building permit, the accessory dwelling unit (ADU) shall require
a deed restriction that prohibits separate sale of the ADU and prohibits rental or leasing
of the ADU for 30 days or less.
3.All parking spaces shall remain clear and free obstructions for the parking of vehicles.
No storage (except for the parking of vehicles) is allowed within the required parking
spaces.
4.The project shall install and maintain bike rack(s) for the storage of at least 8 bicycles.
5.This approval does not authorize any new or existing improvements (including
landscaping) on California Coastal Permit Jurisdiction, State tidelands, public beaches,
or the public right-of-way.
6.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. No demolition or construction materials shall be stored on
public property including, but not limited to, the adjacent alley.
7.Prior to the issuance of building permits, the applicant shall submit a construction
management plan, reviewed and approved by the Public Works Department and
Planning Division, demonstrating the applicant will have sufficient access to the site
during construction and will not impact public access. Said plan shall also indicate areas
for the storage of construction equipment and materials.
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:
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
18
Zoning Administrator Resolution No. ZA2023-###
Page 11 of 13
01-10-2023
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. 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.
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 CDP and/or
Modification Permit or the processing of a new CDP and/or Modification 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.
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.
19
Zoning Administrator Resolution No. ZA2023-###
Page 12 of 13
01-10-2023
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 building permits, 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.
20.Prior to 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.
21.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.
22.Construction activities shall comply with Section 10.28.040 of the NBMC, which restricts
hours of noise-generating construction activities that produce noise to between the
hours of 7 a.m. and 6:30 p.m., Monday through Friday. Noise-generating construction
activities are not allowed on Saturdays, Sundays, or Holidays.
23.All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements of the NBMC. The maximum
noise shall be limited to no more than depicted below for the specified time periods
unless the ambient noise level is higher:
Between the hours of 7 AM and
10 PM
Between the hours of 10 PM
and 7 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
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 and Modification Permit filed as PA2022-088 shall expire
unless exercised within 24 months from the date of approval as specified in Sections
20
Zoning Administrator Resolution No. ZA2023-###
Page 13 of 13
01-10-2023
20.54.060 and 21.54.060 (Time Limits and Extensions) of the NBMC, unless an extension
is otherwise granted.
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
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 1216 West Balboa LLC Accessory Dwelling Unit including, but not limited to,
the Coastal Development Permit and Modification Permit filed as PA2022-088. 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.
Building Division
28.Prior to building permit issuance, a soils report shall be provided.
29.The proposed stairs shall be a minimum of 36 inches clear for access (i.e. 36 inches
wide) with an exception for allowable handrail projection.
30.The enclosed space under the exterior stairs shall be 1-hour rated construction.
21
Attachment No. ZA 2
Vicinity Map
22
VICINITY MAP
Coastal Development Permit and Modification Permit
(PA2022-088)
1216 West Balboa Boulevard
Subject Property
Subject Property
23
Attachment No. ZA 3
Public Comments from Prior Application
24
From: Denys Oberman <dho@obermanassociates.com>
Sent: November 18, 2022 3:53 PM
To: Westmoreland, Liz; Jurjis, Seimone; city
Cc: jeff ocrsi.com; Fred Levine; sherimorgan08@gmail.com;
tandjaley@gmail.com; bobbylovell@yahoo.com
Subject: Project file PA 2022-088 re 1216 West Balboa Blvd.
Follow Up Flag: Follow up
Flag Status: Completed
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
Ms . Westmoreland:
I previously submitted Comments in connection with Zoning Administrator review of applications from
owner of property at 1216 W. Balboa Blvd.,
In connection with this property, its current status and application for 2 additional units stated to be
ADUs.
We are concerned that not all of the public’s comments were entered into the record or presented to
the Zoning Administrator.
One of my neighbors when submitting comment, was told that there was only one other person in
addition to him who made comment.
This is of considerable concern to me and my neighbors.
This property is Not compliant with City building codes.
This property is Not compliant with City regulations regarding STLs.
There are currently only 2 parking spaces on-site occupied as such, in this 7 unit apartment building( all
units are 2 bedroom).
How is it that 1 Building /1 Owner can be granted 7 STL permits for that 1 property? And without
required parking?
How can an additional 2 units of any type be added given the aite footprint and parking capacity?
If the City is proposing to grant 2 additional units, ADU or otherwise, this property/Owner should be
required to decrease number of STL units.
Please note that the overabundance of STLs permitted actually takes away from the invetory of
regular Housing stock that the City is required to produce.
Thank you,
Denys Oberman
25
Regards,
Denys H. Oberman, CEO
OBERMAN Strategy and Financial Advisors
19200 Von Karman Avenue, 6th Floor
Irvine, CA 92612
Tel (949) 476-0790
Cell (949) 230-5868
Fax (949) 752-8935
Email: dho@obermanassociates.com
CONFIDENTIALITY NOTICE: The documents accompanying this transmission contain confidential information belonging to the
sender which is legally privileged. The information is intended only for the use of the individual or entity named above. If you are
not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance
on the contents of this telecopied information is strictly prohibited. If you have received this transmission in error, please notify us
immediately at 949/476-0790 or the electronic address above, to arrange for the return of the document(s) to us.
26
From: jeff ocrsi.com <jeff@ocrsi.com>
Sent: November 03, 2022 9:12 AM
To: Westmoreland, Liz
Subject: Re: PA2022-088 UIP Balboa, LLC
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
They currently have 7 short-term permits on file,
Please provide me a contact person in that department
From: Westmoreland, Liz <LWestmoreland@newportbeachca.gov>
Sent: Thursday, November 3, 2022 9:06 AM
To: jeff ocrsi.com <jeff@ocrsi.com>
Subject: RE: PA2022-088 UIP Balboa, LLC
Hi Jeff,
Please see my answers below and let me know if you have any additional questions. I am going out of
town for a few days so please call me before noon today if you have urgent follow up questions.
Otherwise, I will be back on 11/9 and happy to respond at that time. Please note that the action is only
tied to the two new Accessory Dwelling Units and does not cover any short term lodging regulations for
the existing multi-unit structure. ADUs cannot be used as short term lodging units and must be rented
for at least 31 days or more.
For any questions related to short term lodging, please contact Revenue: lodging@newportbeachca.gov
On my end, I can see that they are eligible for short term lodging permits in the multi-unit structure, but
I can’t determine the status, details, or other requirements such as parking. From a planning standpoint,
they are required to maintain all of the garage spaces for use by the multi-unit property (whether it’s
short term or long term leases).
Thank you,
LIZ WESTMORELAND
Community Development Department
Senior Planner
lwestmoreland@newportbeachca.gov
949-644-3234
CITY OF NEWPORT BEACH
100 Civic Center Drive, First Floor Bay B, Newport Beach, California 92660 | newportbeachca.gov
From: jeff ocrsi.com <jeff@ocrsi.com>
Sent: November 03, 2022 8:47 AM
To: Westmoreland, Liz <LWestmoreland@newportbeachca.gov>
Subject: PA2022-088 UIP Balboa, LLC
27
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
Hi Lisa,
I received notice of Zoning Administration Action Project File No. #PA2022-088
Can you please advise me on the following:
1. Is the address 1216 and or 1220 W. Balboa. It appears to be one structure. 1216 is the
address of the subject property. Each unit has a number (1216 Unit 1-7).
2. This property is zoned R2 but currently has 7 active short term lodging permits on file
with the city. How many units are currently at this address? How many monthly units
and how many short-term units? The property consists of two legal lots, each zoned R-2.
Per today’s standards they could build up to 4 units plus potential ADUs. The structure is
considered existing legal nonconforming since there are 7 legal units. ADUs are also
allowed. Contact revenue for short term lodging questions.
3. The property currently has two, 2 car garages for 7 short-term lodging permits. How
many parking spots does the city require for each unit or short-term unit? Whether the
existing units are used for short term lodging or long term rentals, the garage spaces
shall be maintained for parking. The structure is legal nonconforming due to parking, as
2 spaces per unit are required per today’s standards. The ADUs do not require
additional parking.
4. The current owner blocked several of the onsite parking spots with an attached bike
rack in the alley. Is this the location where they propose the addition of two more
units? The units are proposed at the rear of the property and will be stacked. The bike
racks are going to be relocated onsite.
5. The residents very frequently park cars illegally in the alley past the water meters. Does
the short-term permit office have a record of this or can we get a history of tickets for
this address? Please contact Revenue for additional information. You may file a
complaint if you observe any violations at the property. Parking is not allowed in the
alley/public right-of-way.
Please advise.
Thank you
Jeff Myers
28
From: jeff ocrsi.com <jeff@ocrsi.com>
Sent: November 04, 2022 10:34 AM
To: Westmoreland, Liz
Subject: PA2022-088
Follow Up Flag: Follow up
Flag Status: Flagged
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
November 3, 2022
Liz Westmoreland
Senior Planner
City of Newport Beach
100 Civic Center Drive, Newport Beach CA 92660
RE: Zoning Action PA2022-088 for 1216 W Balboa
Dear Liz,
I understand that the state’s rules for ADU housing have placed Newport Beach
building department at odds with the state’s mandates.
My issue is that the owners of this property currently have 7 active short-term
lodging licenses for the existing units on the property. The previous owner had 8
onsite parking spots for the property. The new owner blocked 4 of the onsite
parking spots with a bike rack and this is the location where the new ADU’s are
planned for.
As you know parking is at a premium on the peninsula. By blocking the 4 parking
spots, they have created a situation where cars are continuously illegally parked in
the alley.
If possible, I would request the city’s Zoning Administrator consider one or more of
the below suggestions:
29
1. Reduce the owners plans to only one new ADU which can be built above the currently blocked 4
parking spots. Restore the 4 parking spots under the new ADU to return a total of 8 parking
spots for the property to accommodate the current 7 short-term lodging permits.
2. Stipulate in any possible approval that any new ADU can never be used for a short-term
lodging.
3. Require the owner a choice between building the new ADU or the reduction and permanent
elimination of the short-term lodging permits for the property because adequate parking will no
longer be available on site for the short-term lodging units.
Thank you very much for your consideration
Jeff Myers
1215 W Bay Ave
Newport beach CA 92661
November 3, 2022
Ellen Brenan
Revenue Division
City of Newport Beach
100 Civic Center Drive, Newport Beach CA 92660
RE: Short-term Lodging Licenses for 1216 W Balboa and Parking Problem
30
Dear Ellen,
1216 W. Balboa currently has 7 active short-term lodging licenses and only 4 onsite
parking spots.
This property originally had 8 onsite parking spots with the previous owners and
quite possibly when the original short-term lodging permits were issued. Shortly
after the new owners took over the property, they blocked off an area in the rear of
the building with a bike rack. This area was used for 4 parking spots. Now the
tenants frequently park cars illegally in the alley ever since 4 on-site parking spots
were blocked with the bike rack.
The owners are currently in the process of gaining city approval to build 2 additional
ADU rental units on the property location where they blocked the 4 onsite parking
spots. I understand ADU’s can’t be used for short-term lodging, but the addition of
the two units would bring the total apartment count to 9 units on the property that
only has 4 remaining on-site parking spots.
When the city granted the short-term lodging licenses for the property, they had a
total of 8 on-site parking spots. The 2 new AUD units will be built on the area that
formerly was used for 4 parking spots.
I respectfully request the review of their short-term licenses and that the city lower
the license count from 7 to 4 short-term licenses so that each of the 4 short-term
units could have one dedicated garage parking spot on site.
Thank you very much
Jeff Myers
1215 W Bay Ave
Newport Beach CA 92661
31
From: Denys Oberman <dho@obermanassociates.com>
Sent: November 05, 2022 7:04 PM
To: Westmoreland, Liz; City Clerk's Office
Subject: FW: Project File PA File 2022-088 re 1216 West Balboa Bllvd.
Follow Up Flag: Follow up
Flag Status: Flagged
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
PLEASE SEE BELOW AND ENTER INTO THE PUBLIC RECORD, IN CONNECTION WITH:
1210 West Oceanfront and
Project PA File 2022-088.
Thank you.
From: Denys Oberman <dho@obermanassociates.com>
Sent: Saturday, November 5, 2022 6:47 PM
To: lwestmoreland@newportbeachc.gov; Jurjis, Seimone <sjurjis@newportbeachca.gov>
Cc: dho@obermanassociates.com; Fred Levine <fredric.mark.levine@gmail.com>; david
<sherbeck@yahoo.com>; sherimorgan08@gmail.com; jeff@ocrsi.com; city
<cler@newportbeachca.gov>
Subject: Project File PA File 2022-088 re 1216 West Balboa Bllvd.
COMMENTS FOR THE ZONING ADMINISTRATOR AND REQUEST TO RESCHEDULE REVIEW WITH PUBLIC
HEARING.
PLEASE ENTER INTO THE PUBLIC RECORD IN CONNECTION WITH THIS ADDRESS AND THE REFERENCED
PROPOSED PROJECT
SIR/MS:
I am writing these comments and making request on behalf of myself, and residents located in the
Central Penninsula area who are adversely impacted by the current Uses and proposed Project to
construct an additional 2 units represented to be ADUs.
The current Use is not fully or accurately represented . This is misleading to the Zoning Administrator or
any party not directly knowledgeable about the area.
The Notice of Zoning Administrator Action ( which we only just received yesterday in the mail) states
That , the Zone ia, R-2, and that the Coastal Land Use Plan calls this lot, “ 2 Use Residential”)
As a matter of fact, the site is developed and occupied as a 7 Unit Apartment building. The Owner
procured, and has been renting out each and all of the 7 units as , Short Term Lodging Units. Each of
these Units is supposed to have a minimum of 1 on-site parking space per unit. However, there is only a
2/2 car garage on the property, for a total of 4 onsite parking spaces. To further exacerbate, the Owner
has had installed bolted down bike racks further limiting onsite parking capacity.
32
Each of these 7 units is occupied by 2 or more parties. Residents and guests park illegally in the back
alley and also consume street parking.
The site as currently developed and occupied is Unable to Meet City requirements for parking.
Further, there has already been a preponderance of construction done without City permits, and not
compliant.
……………………………………………..
We appreciate the City’s desire to accommodate Accessary Dwelling Units in a manner consistent with
State guidelines.However, the proposed “Accessory” Units are going to be used by the property Owner
for additional Short Term Lodging ( with or without permit).
However, this property as currently developed and used Fails to Meet City Parking requirements, and is
already placing undue burden on surrounding neighbors in this already dense residential neiighborhood.
The combined Use would result in Residents consuming more than 18 or more Street parking spaces.
This would have significant adverse impact on the surrounding community, particularly as the adjacent
block is constrained by the Elementary School.
To enable the City to be fully informed, and to make a fair determination, we request that the City:
1. Reschedule the Zoning Administrator Action, to include a Local Public Hearing, so that full
evidence and testimony can be provided. November 8th does not provide reasonable amount of
time, particularly given that the assigned Planner is out on vacation
2. Deny the Project as currently proposed, and remand to the Owner/developer ( UIP Balboa LLC
and related entities) that it reduce the number of STLs already on the property by at least 2
units, AND revise occupancy so that it complies with City minimum onsite parking requirements
and other relevant City codes.
3. The City should make full inspection of the site and the current Uses and Occupancy, and may
make addition findings and requirements supplementing those in item
Also, clarify and correct Notice .
We appreciate your response to this request, along with confirmation that the Zoning
Administrator review and action will be deferred, subject to the items,above.
Thank you .
Denys H. Oberman
West 12th Street resident and community stakeholder
33
Regards,
Denys H. Oberman, CEO
OBERMAN Strategy and Financial Advisors
19200 Von Karman Avenue, 6th Floor
Irvine, CA 92612
Tel (949) 476-0790
Cell (949) 230-5868
Fax (949) 752-8935
Email: dho@obermanassociates.com
CONFIDENTIALITY NOTICE: The documents accompanying this transmission contain confidential information belonging to the
sender which is legally privileged. The information is intended only for the use of the individual or entity named above. If you are
not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance
on the contents of this telecopied information is strictly prohibited. If you have received this transmission in error, please notify us
immediately at 949/476-0790 or the electronic address above, to arrange for the return of the document(s) to us.
34
From: PATRICIA SILVER <ag84@icloud.com>
Sent: November 06, 2022 11:18 AM
To: Westmoreland, Liz
Subject: 1215 BALBOA BLVD
Follow Up Flag: Follow up
Flag Status: Flagged
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
PLEASE HELP US AND NOT ALLOW ANY ADDITIONAL PARKING FOR 1216 BALBOA AND THE ALLEY
BEHIND THE PROPERTY.
THIS WILL ADD TO THE THE HORRIBLE CONGESTION WE ALREADY HAVE
THANK YOU FOR YOUR HELP
PATRICIA SILVER
1224 WEST BAY
NB
35
From: Joanne Aley <tandjaley@gmail.com>
Sent: November 07, 2022 2:53 PM
To: Westmoreland, Liz
Cc: Nova, Makana
Subject: ADU 1216 W Balboa
Follow Up Flag: Follow up
Flag Status: Flagged
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
November 7, 2022
Liz Westmoreland & Makana Nova
Senior Planners
City of Newport Beach
100 Civic Center Drive, Newport Beach CA 92660
RE: Zoning Action PA2022-088 for 1216 W Balboa
Dear Liz and Makana,
Please be advised that the owners, Uip Balboa LLC out of Long Beach currently have
the property for sale.
I understand that the state’s rules for ADU housing have placed Newport Beach
building department at odds with the state’s mandates.
I object to the new ADU units. My issue is that the owners of this property currently
have 7 active short-term lodging licenses for the existing units on the property. The
previous owner had 8 onsite parking spots for the property. The new owner blocked
4 of the onsite parking spots with a bike rack and this is the location where the new
ADU’s are planned for.
As you know parking is at a premium on the peninsula. By blocking the 4 parking
spots, they have created a situation where cars are continuously illegally parked in
the alley.
36
If possible, I would request the city’s Zoning Administrator consider one or more of
the below suggestions:
1.Reduce the owners plans to only one new ADU which can be built above the currently
blocked 4 parking spots. Restore the 4 parking spots under the new ADU to return a
total of 8 parking spots for the property to accommodate the current 7 short-term
lodging permits.
2.Stipulate in any possible approval that any new ADU can never be used for a short-term
lodging.
3.Require the owner a choice between building the new ADU or the reduction and
permanent elimination of the short-term lodging permits for the property because
adequate parking will no longer be available on site for the short-term lodging units.
Thank you very much for your consideration
Tristan & Joanne Aley
14th Street long time property owner and over 50 years resident
37
From: breasy@aol.com
Sent: November 07, 2022 4:06 PM
To: Westmoreland, Liz
Cc: Nova, Makana
Subject: Zoning Acction 1216 W. Balboa
Follow Up Flag: Follow up
Flag Status: Flagged
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
Liz Westmoreland & Makana Nova
Senior Planners
City of Newport Beach
100 Civic Center Drive, Newport Beach CA 92660
RE: Zoning Action PA2022-088 for 1216 W Balboa
Dear Liz and Makana,
I understand that the state’s rules for ADU housing have placed Newport Beach
building department at odds with the state’s mandates.
I object to the new ADU units. My issue is that the owners of this property currently
have 7 active short-term lodging licenses for the existing units on the property. The
previous owner had 8 onsite parking spots for the property. The new owner blocked
4 of the onsite parking spots with a bike rack and this is the location where the new
ADU’s are planned for.
As you know parking is at a premium on the peninsula. By blocking the 4 parking
spots, they have created a situation where cars are continuously illegally parked in
the alley.
If possible, I would request the city’s Zoning Administrator consider one or more of
the below suggestions:
1. Reduce the owners plans to only one new ADU which can be built above the
currently blocked 4 parking spots. Restore the 4 parking spots under the new ADU
38
to return a total of 8 parking spots for the property to accommodate the current 7
short-term lodging permits.
2. Stipulate in any possible approval that any new ADU can never be used for a short-
term lodging.
3. Require the owner a choice between building the new ADU or the reduction and
permanent elimination of the short-term lodging permits for the property because
adequate parking will no longer be available on site for the short-term lodging
units.
Thank you very much for your consideration
Pam and Mick Bacich
12th Street long-term property owner
39
From: zmans5@aol.com
Sent: November 07, 2022 7:24 PM
To: Westmoreland, Liz; Nova, Makana
Subject: 1216 W Balboa Objection
Follow Up Flag: Follow up
Flag Status: Flagged
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
November 7, 2022
Liz Westmoreland & Makana Nova
Senior Planners
City of Newport Beach
100 Civic Center Drive, Newport Beach CA 92660
RE: Zoning Action PA2022-088 for 1216 W Balboa
Dear Liz and Makana,
Please be advised that the owners, Uip Balboa LLC out of Long Beach currently have the
property for sale.
I understand that the state’s rules for ADU housing have placed Newport Beach building
department at odds with the state’s mandates.
I object to the new ADU units. My issue is that the owners of this property currently have 7
active short-term lodging licenses for the existing units on the property. The previous owner
had 8 onsite parking spots for the property. The new owner blocked 4 of the onsite parking
spots with a bike rack and this is the location where the new ADU’s are planned for.
As you know parking is at a premium on the peninsula. By blocking the 4 parking spots, they
have created a situation where cars are continuously illegally parked in the alley.
If possible, I would request the city’s Zoning Administrator consider one or more of the below
suggestions:
1. Reduce the owners plans to only one new ADU which can be built above the currently
blocked 4 parking spots. Restore the 4 parking spots under the new ADU to return a
40
total of 8 parking spots for the property to accommodate the current 7 short-term
lodging permits.
2.Stipulate in any possible approval that any new ADU can never be used for a short-term
lodging.
3.Require the owner a choice between building the new ADU or the reduction and
permanent elimination of the short-term lodging permits for the property because
adequate parking will no longer be available on site for the short-term lodging units.
Thank you very much for your consideration
Robert and Helen Zieman
12th Street Resident and long-term property owner
41
From: jeff ocrsi.com <jeff@ocrsi.com>
Sent: November 08, 2022 1:21 PM
To: Westmoreland, Liz; Jurjis, Seimone
Cc: Denys Oberman
Subject: PA File 2022-088 re 1216 West Balboa Blvd - Owner disclose number of
parking
Follow Up Flag: Follow up
Flag Status: Flagged
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
Hello Liz and Seimone
Per
NBMC 5.95.045 (13) states:
The owner shall ensure that all available parking spaces on site, which may include garage, carport, and
driveway spaces as well as tandem parking, are available for the transient user, occupant or guest of the
short term lodging unit. The owner shall disclose the number of parking spaces available on site and shall
inform the transient user, occupant and/or guest that street parking may not be available.
Please advise the Zoning Administrator that the owners were required to submit and list all the
on-site parking spots available on the property at the time they applied for the city's Short-term
Lodging permit which they received for 7 units or all the apartments currently on the property.
Also, Please advise the Zoning Administrator that the property owners have "Disclosed" on the
Multiple Listing Service when they listed the property for sale as having 8 total on-site parking
spots:
The below was cut and pasted from the MLS.
Garage and Parking
• Garage Spaces: 4
• Garage Description: Garage - 1 Car, Uncovered
• Open Parking Spaces: 4
• Parking Total: 8
The property is currently listed for sale and the above Garage and Parking disclosure from the
current owners can be found listed under the Property Details, sub category Garage and
Parking.
Here is a link to the property on Realtor.com. https://www.realtor.com/realestateandhomes-
detail/M1125690202
42
Thank you
Jeff Myers
43
From: Mary Allyn Dexter <maryallyn.dexter@gmail.com>
Sent: November 08, 2022 2:26 PM
To: Westmoreland, Liz
Subject: Project File PA2022-088
Follow Up Flag: Follow up
Flag Status: Flagged
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
I am strongly objecting to adding two more units to an already R-2 building. There is enough congestion
now in this area. And not requiring more parking ludicrous. Those people will have cars and our streets
are already full of cars.
Please Please reconsider this project. It won’t stop there. We all ready have 3 story houses when they
were all 2 story. What is the purpose other than more taxes and more money.
Do not let this happen.
Thank you
.
Mary Allyn and Earl Dexter
1132 West Bay Avenue
Newport Beach, CA 92661
44
From: Denys Oberman <dho@obermanassociates.com>
Sent: November 08, 2022 3:03 PM
To: jeff ocrsi.com; Westmoreland, Liz; Jurjis, Seimone
Subject: RE: PA File 2022-088 re 1216 West Balboa Blvd - Owner disclose number of
parking
Follow Up Flag: Follow up
Flag Status: Flagged
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
The bottom line of this is, that, regardless of whether the 7 units are STLs or not, it is quite clear that
they are required to have and substantiate on-site parking.
The Owner has not been compliant.
Application for ADUs should be remanded to Owner until this is curred, evidenced by inspection.
The property cannot meet the requirement if additional Units of any kind are added.
Thank you
Denys Oberman
From: jeff ocrsi.com <jeff@ocrsi.com>
Sent: Tuesday, November 8, 2022 1:21 PM
To: Westmoreland, Liz <LWestmoreland@newportbeachca.gov>; Jurjis, Seimone
<sjurjis@newportbeachca.gov>
Cc: Denys Oberman <dho@obermanassociates.com>
Subject: PA File 2022-088 re 1216 West Balboa Blvd - Owner disclose number of parking
Hello Liz and Seimone
Per
NBMC 5.95.045 (13) states:
The owner shall ensure that all available parking spaces on site, which may include garage, carport, and
driveway spaces as well as tandem parking, are available for the transient user, occupant or guest of the
short term lodging unit. The owner shall disclose the number of parking spaces available on site and shall
inform the transient user, occupant and/or guest that street parking may not be available.
45
Please advise the Zoning Administrator that the owners were required to submit and list all the
on-site parking spots available on the property at the time they applied for the city's Short-term
Lodging permit which they received for 7 units or all the apartments currently on the property.
Also, Please advise the Zoning Administrator that the property owners have "Disclosed" on the
Multiple Listing Service when they listed the property for sale as having 8 total on-site parking
spots:
The below was cut and pasted from the MLS.
Garage and Parking
Garage Spaces: 4
Garage Description: Garage - 1 Car, Uncovered
Open Parking Spaces: 4
Parking Total: 8
The property is currently listed for sale and the above Garage and Parking disclosure from the
current owners can be found listed under the Property Details, sub category Garage and
Parking.
Here is a link to the property on Realtor.com. https://www.realtor.com/realestateandhomes-
detail/M1125690202
Thank you
Jeff Myers
46
From: jeff ocrsi.com <jeff@ocrsi.com>
Sent: November 09, 2022 12:10 PM
To: Westmoreland, Liz; Jurjis, Seimone
Cc: Denys Oberman
Subject: 1216 W Balboa ADU request
Follow Up Flag: Follow up
Flag Status: Flagged
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
Hello Liz and Jurjis,
Sorry to bother you again, but I have been reading the ADU law and it is very difficult to
understand what building standards are currently since the changes in laws.
Can you please share this email with the Zoning Administrator and see if my understanding of
the laws is correct or not.
Thank you so much
From what I have been reading, on ADU laws:
1. The total number of ADUs shall not exceed 25% of existing multifamily dwelling
units. 1216 W Balboa currently has 7 apartments. Therefore 7 apartments times 25% is
1.75 ADUs or ONE ADU
2. New construction Detached ADUs are limited to 18 feet. SB897
If the Zoning Administrator cannot deny the ADU request based on the parking requirements for the
existing structure and current licensed Short-term Lodging permits, Then, I request that the Zoning
Administrator make notations and recommend that the city terminate the 7 current Short-term Lodging
permits at the end of the license year.
The property owners, can determine if they wish to proceed with the ADU or continue with having a
Short-term Lodging Permit for the property.
The property is currently for sale, and therefore, this owner or business has no ties to the local
community in ensuring a peaceful coexistence among neighbors and is simply maximizing the profit
potential of the property.
47
Thank you
Jeff Myers
48
49
50
From: jeff ocrsi.com <jeff@ocrsi.com>
Sent: November 08, 2022 12:49 PM
To: Lodging
Cc: Westmoreland, Liz; Jurjis, Seimone; Denys Oberman
Subject: Re: Parking Complaint for 1216 W Balboa
Follow Up Flag: Follow up
Flag Status: Flagged
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
Ellen,
Thank you very much for your outstanding work and research on this subject.
It is my goal, that Liz and/or Seimone will provide this information along with my comments
and concerns to the Zoning Administrator for use in his/her evaluation of their request for the 2
ADUs.
Again, I understand that the ADU does not require parking, but the current 7 apartments and or
Short-term rents do and therefore to take the parking spots away from the current, existing
property configuration by building the ADUs should not be permitted or approved.
Thank you very much
Jeff Myers
From: Lodging <lodging@newportbeachca.gov>
Sent: Tuesday, November 8, 2022 12:27 PM
To: jeff ocrsi.com <jeff@ocrsi.com>
Cc: Denys Oberman <dho@obermanassociates.com>; Jurjis, Seimone <sjurjis@newportbeachca.gov>;
Westmoreland, Liz <LWestmoreland@newportbeachca.gov>
Subject: RE: Parking Complaint for 1216 W Balboa
Hello Jeff,
Newport Beach Municipal Code (“NBMC”) Chapter 5.95, the chapter which discusses short term lodging
does not state that the owner has to provide on-site parking for the transient guests.
However, NBMC 5.95.045 (13) states:
The owner shall ensure that all available parking spaces on site, which may include garage, carport, and
driveway spaces as well as tandem parking, are available for the transient user, occupant or guest of the
short term lodging unit. The owner shall disclose the number of parking spaces available on site and shall
inform the transient user, occupant and/or guest that street parking may not be available.
This means that the property owner must use all available on site parking spaces for transient; they
cannot block off parking spaces, nor can they use parking for personal use (storage). As discussed
51
yesterday, John Murray in Code Enforcement will be reaching out to the owner to remove the bike rack
blocking the additional parking spaces. The owner must comply within seven days of the notice. If they
do not respond, Code Enforcement will issue a citation.
I did not find anything in the chapter stating that the owner can or cannot decrease the amount of on-
site parking available for transient use to accommodate for additional dwelling units.
I have reached out to Liz and Seimone with this information because I am not sure how or if it will
impact the plans for the proposed ADUs.
Kind Regards,
Ellen Brenan
Revenue Division | Short Term Lodging
From: jeff ocrsi.com <jeff@ocrsi.com>
Sent: November 07, 2022 4:15 PM
To: Lodging <lodging@newportbeachca.gov>
Cc: Denys Oberman <dho@obermanassociates.com>; Jurjis, Seimone <sjurjis@newportbeachca.gov>;
Westmoreland, Liz <LWestmoreland@newportbeachca.gov>
Subject: Re: Parking Complaint for 1216 W Balboa
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
Hi Ellen,
Thank you very much.
Can you advise me if on-site parking is required for Short-term lodging. Mr Jurjis is not sure and
I do not know for sure.
This location where they blocked parking is the spot they are requesting the city to allow two
new ADU's.
This issue is, City can not enforce parking for ADU, but if the new ADU takes parking from short-
term lodging or even normal apartments, then it should not be approved.
Thank you so much
Jeff Myers
52
From: Lodging <lodging@newportbeachca.gov>
Sent: Monday, November 7, 2022 3:43 PM
To: jeff ocrsi.com <jeff@ocrsi.com>
Subject: RE: Parking Complaint for 1216 W Balboa
Hello Jeff,
I just spoke to John Murray in Code Enforcement and he did confirm the bike rack. He will be serving
them a notice to remove the bike rack, and they will have seven days from the date of the notice to
correct this.
I will reach out to Liz with this information and touch base with you tomorrow morning.
Kind Regards,
Ellen Brenan
Revenue Division | Short Term Lodging
From: jeff ocrsi.com <jeff@ocrsi.com>
Sent: November 07, 2022 10:53 AM
To: Lodging <lodging@newportbeachca.gov>
Cc: Denys Oberman <dho@obermanassociates.com>; Alannouf, Anthony
<Tony@newportbeachca.gov>; Westmoreland, Liz <LWestmoreland@newportbeachca.gov>; Jurjis,
Seimone <sjurjis@newportbeachca.gov>
Subject: Re: Parking Complaint for 1216 W Balboa
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
Hi Ellen,
Thank you for your prompt attention to this matter.
The problem that triggered this request is that the property owners have requested permission
from the city to build two new ADU on the site where the property currently has on-site
parking.
The ADU's do not require any on-site parking per state law, but the building of the units on the
current parking spots will effect the ability of the property's tenants and or short-term tenants
to adequately have on-site parking. Not to mention the negative effects of additional cars
parked on the street for 12 street residents.
Can you please expedite your investigation and share the results with Liz Westmoreland in
planning and Seimone Jurjis with the building department. They are in the process of providing
information to Zoning Administrator that will rule on the use of the parking spots and ADU
53
addition. The Notice we received says the administrator is scheduled to rule starting tomorrow
Tuesday 11/8/2022
I realize it is extremely short notice, but we just received the city's notice by mail on Thursday
11/3/2022.
Maybe they should postpone the Zoning Administers review until all the facts are available.
Additionally, I am attaching a photo of the area from past parking use (prior owner from May
2021) and a copy of the MLS posting when the property was for sale listing the property as
having 8 onsite parking spots. (MLS listing attached showing 8 on-site parking spots)
Thank you very much for all of your assistance and consideration.
Jeff Myers
PS The property is currently for sale and has been listed on the MLS since June 2022 (MLS #
22166569)
From: Lodging <lodging@newportbeachca.gov>
Sent: Monday, November 7, 2022 10:03 AM
To: jeff ocrsi.com <jeff@ocrsi.com>
Cc: Alannouf, Anthony <Tony@newportbeachca.gov>
Subject: RE: Parking Complaint for 1216 W Balboa
Thank you for letting us know about the parking for the units at 1216 W Balboa Blvd. I have reached out
to Code Enforcement so that they can schedule a property inspection. Code Enforcement will serve the
owner with a request for inspection and the owner must accommodate the inspection within seven days
of the request. When the inspection in complete, Code Enforcement will report their findings to my
supervisor, Tony Alannouf (copied).
Please allow approximately three weeks for this entire process.
Kind Regards,
Ellen Brenan
Revenue Division | Short Term Lodging
From: jeff ocrsi.com <jeff@ocrsi.com>
Sent: November 04, 2022 10:32 AM
To: Brenan, Ellen <EBrenan@newportbeachca.gov>
Subject: Parking Complaint for 1216 W Balboa
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
54
November 3, 2022
Ellen Brenan
Revenue Division
City of Newport Beach
100 Civic Center Drive, Newport Beach CA 92660
RE: Short-term Lodging Licenses for 1216 W Balboa and Parking Problem
Dear Ellen,
1216 W. Balboa currently has 7 active short-term lodging licenses and only 4 onsite
parking spots.
This property originally had 8 onsite parking spots with the previous owners and
quite possibly when the original short-term lodging permits were issued. Shortly
after the new owners took over the property, they blocked off an area in the rear of
the building with a bike rack. This area was used for 4 parking spots. Now the
tenants frequently park cars illegally in the alley ever since 4 on-site parking spots
were blocked with the bike rack.
The owners are currently in the process of gaining city approval to build 2 additional
ADU rental units on the property location where they blocked the 4 onsite parking
spots. I understand ADU’s can’t be used for short-term lodging, but the addition of
the two units would bring the total apartment count to 9 units on the property that
only has 4 remaining on-site parking spots.
When the city granted the short-term lodging licenses for the property, they had a
total of 8 on-site parking spots. The 2 new AUD units will be built on the area that
formerly was used for 4 parking spots.
I respectfully request the review of their short-term licenses and that the city lower
the license count from 7 to 4 short-term licenses so that each of the 4 short-term
units could have one dedicated garage parking spot on site.
55
Thank you very much
Jeff Myers
1215 W Bay Ave
Newport Beach CA 92661
November 3, 2022
Liz Westmoreland
Senior Planner
City of Newport Beach
100 Civic Center Drive, Newport Beach CA 92660
RE: Zoning Action PA2022-088 for 1216 W Balboa
Dear Liz,
I understand that the state’s rules for ADU housing have placed Newport Beach
building department at odds with the state’s mandates.
My issue is that the owners of this property currently have 7 active short-term
lodging licenses for the existing units on the property. The previous owner had 8
onsite parking spots for the property. The new owner blocked 4 of the onsite
parking spots with a bike rack and this is the location where the new ADU’s are
planned for.
As you know parking is at a premium on the peninsula. By blocking the 4 parking
spots, they have created a situation where cars are continuously illegally parked in
the alley.
56
If possible, I would request the city’s Zoning Administrator consider one or more of
the below suggestions:
1. Reduce the owners plans to only one new ADU which can be built above the currently
blocked 4 parking spots. Restore the 4 parking spots under the new ADU to return a
total of 8 parking spots for the property to accommodate the current 7 short-term
lodging permits.
2. Stipulate in any possible approval that any new ADU can never be used for a short-term
lodging.
3. Require the owner a choice between building the new ADU or the reduction and
permanent elimination of the short-term lodging permits for the property because
adequate parking will no longer be available on site for the short-term lodging units.
Thank you very much for your consideration
Jeff Myers
1215 W Bay Ave
Newport beach CA 92661
57
Attachment No. ZA 4
Project Plans
58
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64
1
Good Morning,
Please include these public comments as addiƟonal materials for PA2022‐088.
Thanks!
LIZ WESTMORELAND
Community Development Department
Senior Planner
lwestmoreland@newportbeachca.gov
949-644-3234
CITY OF NEWPORT BEACH
100 Civic Center Drive, First Floor Bay B, Newport Beach, California 92660 | newportbeachca.gov
From: Denys Oberman <dho@obermanassociates.com>
Sent: June 11, 2023 3:44 PM
To: Westmoreland, Liz <LWestmoreland@newportbeachca.gov>
Cc: lbrown@nwportbeachca.gov; Fred Levine <fredric.mark.levine@gmail.com>; sherimorgan08@gmail.com;
tandjaley@gmail.com; jeff ocrsi.com <jeff@ocrsi.com>; Maureen Cotton <mcotton@integrated8a.com>
Subject: Comment re Project File No. PA2022‐088‐‐ Zoning Administrator Hearing June 15, 2023
PLEASE DISTRIBUTE AND ENTER INTO THE PUBLIC RECORD .
Ms. Westmoreland and Honorable Zoning Administator:
We are residents that live in the Central Balboa Penninsula area, nearby to the Project site at 1216 W. Balboa Blvd.
We are surprised and concerned that there is a renewed effort to consider the proposed Project, to add an Accessory
Dwelling UnƟ, and to modify the current onsite parking scheme.
I prior proposal to add an Accessory Dwelling unit was denied for largely the same reasons set forth below, where we
request that the proposed project be Denied.
The proposed project is on the same site as a mulƟfamily srructure and lot zoned for same ( not for R‐2 as the
proposal suggests).
The current structure includes 7 residenƟal units. Most are two bedrooms.
Everyone of these units carries with it a Short Term Lodging( STL) permit.
Zoning Administrator - June 15, 2023 Item No. 6a Additional Materials Received UIP Balboa, LLC Accessory Dwelling Unit Coastal Development Permit and Modification Permit (PA2022-088)
2
We previously inquired, but never received a response as to, Why 7 STL permits were granted in the same
building .. This effecƟvely turns this use into a quasi boarding house use.These permits were granted at the same
Ɵme that there was public outburst leading to passage of an Ordinance capping the number of STLs at 1550.
There are currently not enough parking spots on site to accommodate the already exisƟng residenƟal
units/occupants.
Overflow parking is on the street, and represents an over‐intensificaion burdening the surrounding neighbors
and elementary shool nearby.
The project proposes to add an Accessory Dwelling Unit elevated above a new 2‐car space carport. It also
proposes to modigy the exisƟng 4‐ car garage to a 4 car open carport, and that 1 addiƟonal tandem space would
be added. This sƟll does not represent sufficiently parking for this exisƟng and proposed new dwellings.
( It is noted that, while ADUs are someƟmes excepted from onsite parking requirements, there is no nearby Transit
which was the jusƟficaƟon for this exempƟon).
This lot, and this neighborhood, cannot absorb any further intensificaƟon.
We respecƞully request that this project be denied, and further, that the City conduct an audit of the exisƟng units
permiƩed STLs.
Thank you.
Denys H. OBERMAN
Residents of Central Penninsula‐ W. 12th‐ W. 17th.
Zoning Administrator - June 15, 2023 Item No. 6a Additional Materials Received UIP Balboa, LLC Accessory Dwelling Unit Coastal Development Permit and Modification Permit (PA2022-088)