HomeMy WebLinkAbout03-15-2018_ZA_MinutesNEWPORT BEACH ZONING ADMINISTRATOR MINUTES 3/15/2018
Page 1 of 6
NEWPORT BEACH ZONING ADMINISTRATOR MINUTES
100 Civic Center Drive, Newport Beach
Corona del Mar Conference Room (Bay E-1st Floor)
Thursday, March 15, 2018
REGULAR MEETING
3:30 p.m.
I. CALL TO ORDER – The meeting was called to order at 3:30 p.m.
Staff Present: Patrick J. Alford, Zoning Administrator
Ben Zdeba, Associate Planner
Chelsea Crager, Assistant Planner
Liz Westmoreland, Assistant Planner
Liane Schuller Contract Planner
David Lee, Planning Technician
II. REQUEST FOR CONTINUANCES
None.
III. APPROVAL OF MINTES
ITEM NO. 1 MINUTES of February 27, 2018
Action: Approved
IV. PUBLIC HEARING ITEMS
ITEM NO. 2 McDonald’s Demolition and Temporary Public Parking Lot Coastal Development
Permit No. CD2018-021 and Limited Term Permit No. XP2018-001 (PA2018-048)
Site Location: 2807 Newport Boulevard Council District 1
Liz Westmoreland, Assistant Planner, provided a brief project description stating that 2807 Newport
Boulevard is bordered by parking lots, commercial uses, and Newport Boulevard on each side. The proposed
project includes two applications. A coastal development permit to allow the demolition of the existing vacant
McDonald’s building and associated features. This coastal development permit would also include repairs to
the existing lot, such as slurry sealing and restriping. Ms. Westmoreland also noted the addition of a condition
requiring Community Development Director review of the final design of any parking control structures as well
as the parking layout.
The applicant also requests approval for a limited term permit to allow the existing site to be used as a
temporary or interim parking lot. The project is located in the CV - Commercial Visitor Serving Zone which
allows temporary uses with the approval of a limited term permit. Approval of the project would allow the site
to be utilized as a parking lot for up to one year, with the possibility of an extension for one more year subject
to procedures outlined in the Zoning Code and Implementation Plan
Ms. Westmoreland stated a few key facts in support of the findings: The parking lot is a passive use and no
new buildings are proposed as part of this application. The existing building is vacant and the site is
underutilized.
She continued: the site does not currently provide any public access or views. Demolition of the existing
structure could result in the elimination of potential blight. There are no improvements proposed off the
NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 3/15/2018
Page 2 of 6
property and no demolition materials would be stored offsite that could impede access. As discussed in
greater depth in the staff report, the project would not affect the public’s ability to gain access to, use or view
the coast and nearby recreational facilities. The proposed temporary parking lot is not supporting a specific
use that would generate traffic and vehicular access would remain the same. The project design addresses
water quality with a construction erosion control plan and a post construction drainage system that include
drainage and percolation features.
Ms. Westmoreland concluded that staff was able to make all of the required findings and recommended
approval to the Zoning Administrator. Public Works staff was also available to answer questions.
The Zoning Administrator opened the public hearing.
One member of the public, Dennis Haller, spoke and stated that he lives near this site and that he would like
to see the parking lot remain as a permanent use and not a fire station. He agreed with Mr. Mosher’s written
comments, asking if parking would be metered and how this process would work.
There were no other public comments.
Ms. Westmoreland responded, stating that for a general response to the concerns that have been outlined,
this is a temporary use that is seen as a bonus where the City can utilize the site in the interim for parking. In
terms of the specifics for metering, the site will most likely be metered. The final plan is still in the works and
will need to be reviewed and approved by the Community Development Director.
The Zoning Administrator stated for the record that the coastal development permit is limited to the parking lot
and anything beyond the application would require another coastal development permit. With the additional
condition stated by staff, the zoning administrator approved the project.
Action: Approved
ITEM NO. 3 Clarizio Live-Work Coastal Development Permit No. CD2017-077, Site Development
No. SD2017-006, and Tentative Parcel Map No. NP2017-020 (PA2017-182)
Site Location: 500 East Balboa Boulevard Council District 1
Ben Zdeba, Associate Planner, provided a brief project description stating that the applicant requests
approval of a minor site development review, tentative parcel map, and coastal development permit to allow
the demolition of an existing single-story commercial building and the construction of a new mixed-use
development with one live-work unit and two residential units. The property is designated Mixed-Use Vertical
(MU-V), which encourages residential and nonresidential uses that are vertically integrated. If approved, the
proposed project will require a deed restriction on the live-work unit to help ensure the nonresidential space is
not leased separately from the residential space above. The project complies with all required development
standards in the General Plan Land Use Element, Zoning Code, and Local Coastal Plan Implementation
Program, as discussed in the staff report. He noted that there are other taller structures in the area and along
the East Balboa Boulevard corridor. He gave examples of the Balboa Theater, the building formerly occupied
by Mithrush, and the Newport Landing parking structure. The proposed project has been analyzed against
the Balboa Village Design Guidelines and complies with the overarching principles, as discussed in the draft
resolution for approval. The project site is an inland lot that does not provide opportunities for enhanced
public access to coastal resources. The proposed design would close a curb cut on East Balboa Boulevard,
which has been reviewed by the City’s Public Works Department and would eliminate a potential traffic
conflict point; however, there is no opportunity for new on-street parking given the existing boulevard width.
He added that the design proposes a new curb cut on Adams Street, but that the frontage has a red curb for
safety reasons and, therefore, there is no elimination of on-street parking. The proposed project would
improve an underutilized property at a street corner and would help to enhance the visual quality of the
Coastal Zone. Given the distance of the project site from the bay and from the shoreline, as well as the
minimum finish floor elevation of 9.00 feet based on the North American Vertical Datum 1988 (NAVD88), the
NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 3/15/2018
Page 3 of 6
project will be safe for the economic life of the structure. The applicant prepared a Water Quality
Management Plan, which was approved by the City’s Engineer Geologist and will address all potential on-site
water issues. Lastly, he noted the project is exempt from the California Environmental Quality Act (CEQA)
under Sections 15303 (New Construction or Conversion of Small Structures) and 15315 (Minor Land
Divisions).
Mr. Zdeba addressed written comments received from Jim Mosher, resident, and recommended
incorporating some of his suggested changes. He also presented revised language for the Facts in Support
of Finding B in the draft Resolution for Approval; the language states that the new driveway on Adams Street
will not remove existing on-street parking.
The property owner’s representative, Chris Clarizio, stated that he had reviewed the draft resolution and
agrees with all of the required conditions.
The Zoning Administrator opened the public hearing.
Jim Stratton, resident and member of the Balboa Village Advisory Committee, expressed support for the
redevelopment of the property, but offered concerns that the proposed design is inconsistent with the Balboa
Village Design Guidelines.
The Zoning Administrator requested clarification as to whether Mr. Stratton is representing the Balboa Village
Advisory Committee or himself. In response, Mr. Stratton stated he was representing himself, but noted he
had been involved in the creation of the Design Guidelines.
W.R. Dildine, resident, expressed concern as to the feasibility of the project and opined that the project
design may substantially change. He also expressed agreement with Mr. Stratton with respect to the
inconsistency with the Balboa Village Design Guidelines.
Roger Gorsky, resident, expressed concern as to the garages backing onto Adams Street.
The Zoning Administrator questioned whether Mr. Stratton is asking for denial of the project or for a
continuance, so that the Balboa Village Advisory Committee could review it. In response, Mr. Stratton stated
he would request a continuance.
There were no other public comments and the Zoning Administrator closed the public hearing.
In response to Mr. Stratton’s concern, Mr. Zdeba noted that the architect submitted a written narrative
addressing the Balboa Village Design Guidelines. He added that on handwritten page 15 of the draft
Resolution, there is a detailed analysis of the Design Principles 1, 3, 4, 5, 6, 7, 9, 11, 12, 13, and 14.
In response to Mr. Dildine’s concern, Mr. Zdeba noted that Condition of Approval No. 1 requires substantial
conformance with the approved project plans. He added that Conditions of Approval No. 22 and 23 required
all trash storage to be on-site within the designated areas.
In response to Mr. Gorsky’s concern, Associate Planner Zdeba stated that the Public Works Department had
reviewed the project plans. He also clarified that there is no garage parking on Adams Street.
The Zoning Administrator asked Mr. Zdeba whether anything in the Design Guidelines prohibits a modern
architectural styling. In reply, Mr. Zdeba stated there is nothing prohibiting a modern approach to the
architectural styles in the guidelines. He further added that there are overarching design principles that are to
be followed and reiterated that the principles had been evaluated in the draft resolution.
The Zoning Administrator stated staff had adequately addressed all comments and questions, and stated that
all findings had been made.
Action: Approved
NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 3/15/2018
Page 4 of 6
ITEM NO. 4 Haupert Residence Coastal Development Permit No. CD2017-086 (PA2017-200)
Site Location: 1556 Ocean Boulevard Council District 1
Chelsea Crager, Assistant Planner, provided a brief project description stating that the project was a coastal
development permit to allow the demolition of an existing single-family dwelling and the construction of a
new, 3,302-square-foot, three-story single-family residence including an attached 537-square-foot 2-car
garage. The project includes hardscape, drainage, and landscaping improvements. The project complies with
all applicable development standards and no deviations are requested
Applicant Ana Sachse, on behalf of the Owner, stated that she had reviewed the draft resolution and agrees
with all of the required conditions. She clarified that the project was two stories with a covered roof deck only
on the third floor.
The Zoning Administrator opened the public hearing. Seeing that no one from the public wished to comment
the public hearing was closed.
Action: Approved
ITEM NO. 5 Hagan Residence Coastal Development Permit No. CD2017-087 (PA2017-202)
Site Location: 1703 Ocean Boulevard Council District 1
David Lee, Planning Technician, provided a brief project description stating that the applicant is requesting
approval to demolish an existing single-family residence and construct a new three-story, single family
residence with an attached two-car garage. The proposed development is consistent with the Single-Unit
Residential zoning designation for the lot. The project is consistent with all applicable Zoning Code standards
including height, setbacks, and floor area. Since the development is set back approximately 450 feet from the
water, a water quality management plan was not required. However, a drainage system will be installed to
ensure that the project will not impact water quality.
The project is located on the Balboa Peninsula between the nearest public road and the sea. The project is
designed not to block any existing public access opportunities and does not have the potential to degrade the
visual quality of the Coastal Zone.
Applicant Marc Reusser, on behalf of the owner, stated that he had reviewed the draft resolution and agrees
with all of the required conditions.
The Zoning Administrator opened the public hearing. Seeing that no one from the public wished to comment
the public hearing was closed.
Action: Approved
ITEM NO. 6 Segerstrom Residence Coastal Development Permit No. CD2017-090 (PA2017-205)
Site Location: 818 West Bay Avenue Council District 1
Liane Schuller, Contract Planner, provided a brief project description stating that the applicant is requesting
approval to demolish an existing single-family residence and construct a new three-story, single-family
residence with attached three-car garage. The existing development includes two curb cuts - a single-
width driveway leading to a one-car garage, and a double-width driveway leading to a two-car garage.
The proposed new floorplan will combine these separate driveways and garages into a single driveway
leading to a three-car garage. The net curb cut width will remain essentially the same, and the revised
driveway design will not result in the loss of any on-street parking. The site is located in the R-1 Zoning
NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 3/15/2018
Page 5 of 6
District, and the proposed residence is consistent with all applicable standards, including parking, height,
setbacks and floor area restrictions.
She continued: the proposed development also complies with the standards and approval requirements
of the City’s Local Coastal Program. While the property is located between the nearest public road and
the shoreline, the proposed project does not involve a change in land use, density or intensity that would
affect public coastal access. Lateral coastal access is provided by a public beach area west of the site,
and by smaller nearby public beach areas accessible from the water. Vertical access is provided at
various street ends throughout the neighborhood, with the nearest vertical access provided at the 9th
Street street-end approximately 120 feet west of the project site. The project complies with all applicable
LCP development standards and maintains a building envelope consistent with the pattern of
neighborhood development. The project will therefore not degrade the visual quality of the Coastal Zone
or result in significant adverse impacts to public views.
She concluded: the existing development includes a private bulkhead along the waterway, which has
been inspected and deemed to be in good condition, and will be reinforced and repaired in conjunction
with the project.
Applicant Aaron Easton of Richard Krantz Architects, on behalf of the property owner, stated that they had
reviewed the draft resolution and agree with all of the required conditions. He added that the applicant has
agreed to implement vibration monitoring during the construction phase of the project to provide an added
sense of security for the neighbor.
The Zoning Administrator opened the public hearing.
One member of the public, Wayne Bodier, spoke on behalf of neighbor Joyce Mack, and asked about the
equipment and anticipated timing of the planned bulkhead repair. The applicant stated that this had not yet
been determined.
There were no other public comments.
Action: Approved
ITEM NO. 7 315 Jasmine Avenue Condominiums Coastal Development Permit No. CD2018-005
and Tentative Parcel Map No. NP2018-001 (PA2018-011)
Site Location: 315 & 315 ½ Jasmine Avenue Council District 6
Liane Schuller, Contract Planner, provided a brief project description stating that the applicant is requesting
approval of a tentative parcel map and associated coastal development permit for condominium
purposes. The project site has been approved for the construction of a new duplex, to replace an existing
residential duplex. The general plan and zoning designations for the property allow two-unit residential
development. Public improvements are required in conjunction with the tentative parcel map. The Public
Works department has reviewed the project and provided conditions of approval which are included in the
draft resolution. The proposed development complies with the standards and approval requirements of
the City’s Local Coastal Program.
Applicant Nanci Glass of Nicholson Companies, on behalf of the property owner, thanked staff for its
assistance and stated that they had reviewed the draft resolution and agree with all of the required conditions.
The Zoning Administrator opened the public hearing. Seeing that no one from the public wished to comment
the public hearing was closed.
Action: Approved
NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 3/15/2018
Page 6 of 6
ITEM NO. 8 Cooper Lot Merger No. LM2018-001 (PA2018-013)
Site Location: 624 Seaward Road Council District 6
Liane Schuller, Contract Planner, provided a brief project description stating that the applicant is requesting
approval of a lot merger application to combine two adjacent lots which are currently owned and
developed as a single site. Similar applications have been processed and approved for adjacent
properties to the north and south of the project site. If approved, the lot merger would result in a single
parcel similar in size and configuration to those in the vicinity and neighborhood. The application has
been reviewed by the Planning Division and Public Works staff and it was determined to meet the
requirements of the City’s Subdivision Code. Conditions of approval from Public Works are included in the
draft resolution.
The applicant was unable to attend the hearing, but had confirmed to staff that he had reviewed the draft
resolution and agreed with all of the required conditions.
The Zoning Administrator opened the public hearing. Seeing that no one from the public wished to comment
the public hearing was closed.
Action: Approved
V. PUBLIC COMMENTS ON NON-AGENDA ITEMS
None.
VI. ADJOURNMENT
The hearing was adjourned at 4:15 p.m.
The agenda for the Zoning Administrator Hearing was posted on March 8, 2018, at 4:37 p.m. in the
Chambers binder and on the digital display board located inside the vestibule of the Council
Chambers at 100 Civic Center Drive and on the City’s website on March 8, 2018, at 4:05 p.m.
Patrick J. Alford, Zoning Administrator