HomeMy WebLinkAbout04-12-2018_ZA_MinutesNEWPORT BEACH ZONING ADMINISTRATOR MINUTES 04/12/2018
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NEWPORT BEACH ZONING ADMINISTRATOR MINUTES
100 Civic Center Drive, Newport Beach
Corona del Mar Conference Room (Bay E-1st Floor)
Thursday, April 12, 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
Chelsea Crager, Associate Planner
Makana Nova, Associate Planner
Benjamin Zdeba, Associate Planner
Melinda Whelan, Assistant Planner
Liz Westmoreland, Assistant Planner
David Lee, Planning Technician
Liane Schuller, Contract Planner
II. REQUEST FOR CONTINUANCES
None.
III. APPROVAL OF MINUTES
ITEM NO. 1 Minutes of March 29, 2018
Action: Approved
IV. PUBLIC HEARING ITEMS
ITEM NO. 2 Fashion Island Hotel Comprehensive Sign Program No. CS2018 -001 and
Modification Permit No. MD2018-001 (PA2018-029)
Site Location: 690 Newport Center Drive Council District 5
Makana Nova, Associate Planner, provided a brief project description stating that the applicant is requesting
a modification permit and sign program amendment to replace an existing monument sign at the Fashion
Island Hotel. The monument sign would be increased in height from 5 feet 2.4 inches up to 10 feet in height
to create a consistent architectural size and style with other monument signs found throughout the Newport
Center area. The sign has been reviewed by the Public Works Department to ensure that there will be no
conflict with the sight distance for vehicles. Additionally, Ms. Nova stated that the applicant is requesting an
increase in letter/logo height for the porte cochere sign (Sign Type C) up to 34 inches in height where the PC-
56 (North Newport Center Planned Community) development standards limit building signs to 24 inches in
height. Although this Sign Type C request did not appear in the public notice or staff report, the proposed
porte cochere sign would not exceed the 36-inch letter logo height limit allowed by the Zoning Code.
Applicant Shawna Schaffner, CAA Planning, on behalf of the owner, The Irvine Company, clarified that porte
cochere sign (Sign Type C) would amend the existing sign program and does not require a modification
permit. Therefore, the requested Sign Type C does not explicitly require a Zoning Administrator hearing and
the amendment to the sign program can be approved with an administrative level of review.
The Zoning Administrator opened the public hearing. Seeing that no one from the public wished to comment
the public hearing was closed.
The Zoning Administrator continued the item to the April 26, 2018 Zoning Administrator hearing to allow staff
to review the porte cochere sign (Sign Type C) with the applicant and determine if a new public notice is
necessary.
NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 04/12/2018
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Action: Continued to April 26, 2018 Zoning Administrator Meeting
ITEM NO. 3 Sabo Residence Coastal Development Permit No. CD2017-104 (PA2017-243)
Site Location: 1210 and 1220 West Bay Avenue Council District 1
Liz Westmoreland, Assistant Planner, provided a brief project description stating that the application is for a
coastal development permit to allow the demolition of an existing single family home, pool, and detached
garage and construction of a new single-family residence, accessory structures, seawall, and
deadmen/tiebacks. The residence will consist of two stories above ground and a subterranean basement.
Ms. Westmoreland clarified for the record a change in square footage, and that the resolution should reflect a
12,749 square foot residence and attached 760 square foot 3-car garage. Ms. Westmoreland also mentioned
that there are a few places in the staff report that reference Bay Front instead of Bay Avenue in error. As
stated in the draft resolution and public notice, the site is located at 1210 and 1220 West Bay Avenue.
Ms. Westmoreland provided background, stating that a lot merger and associated coastal development
permit were approved in September 2017. The lot merger allowed two lots and a portion of a lot to be merged
into one. This merger will be recorded once the structures onsite have been demolished. The proposed new
construction complies with all applicable development standards including height, setbacks, and floor area.
The proposed finished floor elevation on the first floor is 9.75 feet, which complies with the minimum
standard. The basement and all below grade development will have waterproofing as described in the coastal
hazards report. The coastal hazards report and sea level rise analysis, concludes that the project is
reasonably safe from shoreline erosion and sea level rise with the inclusion of a new bulkhead to replace a
deteriorating existing bulkhead. No development would occur bayward of the existing development.
The subject lots are interior lots. The project site does not currently provide views of or public access to the
harbor. The previous lot merger reduced potential density onsite from two legal single-family building sites to
one, however, the lots have been used as one building site for decades and appear as such from the street
and bay. The site is located within the viewshed of distant viewing areas on the bay and lido isle; however,
the project complies with all LCP development standards and will update the appearance of existing
structures. The new bulkhead would comply with height standards for front yard setbacks as well.
Ms. Westmoreland stated that she had received one public comment requesting three additional conditions
for the project related to construction impacts to one of the neighbors. Ms. Westmoreland stated that she
believed the suggested conditions do not directly relate to coastal resource issues analyzed under the scope
of a coastal development permit, however, staff would like to defer to the Zoning Administrator to determine if
these conditions are appropriate – especially since the applicant seems to find them agreeable. Staff
recommended approval of the updated resolution.
Applicant Paul McClean, on behalf of the owner, stated that he had reviewed the draft resolution and agrees
with all of the required conditions.
Seeing that no one from the public wished to comment the public hearing was closed.
The Zoning Administrator stated that the applicant is comfortable and supports the inclusion of the three
additional conditions, and that they would be reasonable to protect the existing neighbors.
The Zoning Administrator approved the project with the additional conditions.
Action: Approved
NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 04/12/2018
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ITEM NO. 4 Garrett Residence Coastal Development Permit No. CD2017-004 (PA2017-018)
Site Location: 225 East Bay Front Council District 5
Chelsea Crager, Associate Planner, provided a brief project description stating that the project was a coastal
development permit to allow the demolition of an existing duplex and the construction of a new three-story,
2,512-square-foot, single family residence with an attached 388-square-foot attached garage. The project
complies will all applicable development standards, including height and finished floor, and no deviations are
requested. The Zoning Administrator noted that there was a typographical error on the address printed on the
staff report and confirmed with staff that the error was not repeated on the public notice or resolution.
Applicant Ian Harrison, Architect, 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.
One member of the public, Jim Mosher, spoke and stated that he had attended a recent Coastal Commission
meeting and noted that there was some concern regarding loss of housing in the coastal zone with a similar
project in another city involving the demolition of a duplex and the construction of a single family home.
There were no other public comments.
Action: Approved
ITEM NO. 5 Campana Residence Coastal Development Permit No. CD2018-001 (PA2017-263)
Site Location: 1236 West Ocean Front Council District 1
Melinda Whelan, Assistant Planner, provided a brief project description stating that the request is for the
addition of a new third story roof deck and enclosed stairwell to an existing single-family dwelling. The height
of the existing dwelling will be increased by 8 feet to the sloped roof of the enclosed stairwell and 2 feet to the
guard rail of the deck. The new deck and enclosed stairwell complies with all applicable development
standards including maximum allowed height of 29 feet to ridge of roof of stairwell and 24 feet to the deck
rails. A remodel of the existing dwelling was permitted and is currently under construction. This construction
was determined to be exempt from a coastal development permit. The addition of the third story roof deck
and stair enclosure increases the height of the existing dwelling by more than 10 percent and triggers the
requirement for a coastal development permit. The stairwell increases the gross square footage of the
dwelling by 7 square feet. The property is on private property along the public boardwalk along the Pacific
Ocean. The beach is approximately 500 feet wide from the mean high water line and the addition of the deck
is not subject to coastal hazards. The finished floor of the existing dwelling meets the minimum required
finished floor elevation. The project site is located between the nearest public road and the sea. The roof
deck is an addition to an existing dwelling and does not change the density or intensity or land use or
increases demand on public access. The 12-foot wide public boardwalk in front of the subject property
provides lateral and vertical access to public views and the public beach. The correspondence received on
the item was more related inquiry and clarification on the existing remodel that is under construction.
Applicant Gregg Howell, on behalf of the Campana family, stated that he had reviewed the draft resolution
and agrees with all of the required conditions.
The Zoning Administrator opened the public hearing.
One member of the public, Bobby Lovell, spoke and expressed concern regarding the potential impact to her
house which is known as the Lovell Beach House and is on the National Registry of Historic Places. She
inquired about public noticing requirements for the remodel.
One member of the public, Jean Watt, resident expressed concerned regarding third-story development and
massing on the oceanfront.
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One member of the public, Jim Mosher, explained concern with maintaining character within the City and
potential impact to the Lovell Beach House, which is on the historic inventory. He also requested clarification
regarding whether the protection of the historic house was investigated.
The Zoning Administrator asked Mr. Mosher if he found specific inconsistencies in this project with the LCP.
Mr. Mosher stated he did not know if the project impacted the Lovell Beach House because no visual impact
analysis was in the staff report.
One member of the public, Denys Oberman, spoke in opposition to the project.
There were no other public comments.
In response to an inquiry from the Zoning Administrator regarding the project history and public notice, Ms.
Whelan stated that the project was originally involved in a remodel, which was exempt from coastal
development permit requirements. However, later modifications to the project exceeded the limits to the
exemption. These modifications triggered the requirement for a coastal development permit, which was
noticed accordingly.
The Zoning Administrator noted that the consideration of the project is limited to consistency with the LCP.
He stated that concerns about the impact of the project on the privacy of adjacent properties was not a LCP
issue. He stated that the project is consistent with all Zoning Code development regulations, which are
intended to provide adequate air and light on adjacent properties.
The Zoning Administrator concluded that the LCP does not have any additional development regulations for
properties adjacent to historic sites. Ms. Whelan added that the State requirements also do not have
protection regarding properties adjacent to historical sites unless there is a historical zoning district.
Action: Approved
ITEM NO. 6 Butler Residence Coastal Development Permit No. CD2018-019 (PA2018-043)
Site Location: 224 Lexington Circle Council District 5
Ben Zdeba, Associate Planner, provided a brief overview of the project application. He described the project
location and the request to allow the removal of an existing single-family manufactured home and the
installation of a new two-story, single-family manufactured home with one covered carport and open
landscape areas. He stated that the building codes for manufactured homes are within the California Health
and Safety Code and that the California Department of Housing and Community Development issues all
permits. He referenced Title 21 stating this project site is within a planned community that has no
development plan. In this case, the Code requires substantial conformance with the approved site plan. He
noted that he had reviewed the approved site plan and the proposed project maintains a similar development
pattern consistent with the existing neighborhood. He described the surroundings and stated the project did
not have the potential to degrade the visual quality of the coastal zone or result in impacts to public views or
an increased demand for public access.
Lastly, he stated the applicant, Steve Almquist of Coastline Construction, was unable to attend. He added
that he had contacted Mr. Almquist by phone prior to the hearing. Mr. Almquist stated that he and the owner
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.
In reply to the Zoning Administrator’s comment regarding the City not having building permitting authority on
mobile homes and compliance with the conditions of approval, Mr. Zdeba stated he emphasized the need to
comply with the conditions of approval to the applicant during his phone conversation.
Action: Approved
NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 04/12/2018
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ITEM NO. 7 Welker Residence Coastal Development Permit No. CD2018-003 (PA2018-005)
Site Location: 1004 South Bay Front Council District 5
Liane Schuller, Contract Planner, provided a brief project description stating that the applicant requests a
coastal development permit to allow the demolition of an existing single-family residence and construction of
a new 2,449-square-foot single-family residence with an attached two-car garage. Ms. Schuller stated that
the approximately 2,550 square foot lot is located in the Balboa Island Residential Zoning District, and the
proposed residence is consistent with all applicable zoning code standards. The site fronts Newport Bay, but
is separated from the water by a public sidewalk and public bulkhead. Improvements to the public bulkhead
are currently underway, and once completed, will serve to protect the public walkway and the project site
from flooding and wave run up.
The project site is located within 100 feet of coastal waters, and a Construction Pollution Prevention Plan and
a WQMP have been prepared. These will be finalized during structural plan check, and implemented during
the construction phase of the project.
The project does not involve a change in land use, density or intensity that would affect public coastal access.
Lateral public coastal access is provided immediately in front of the project site, by the Bay Front public
sidewalk and public beach. Vertical access to the bay front is provided at various street ends throughout
Balboa Island. The nearest vertical access is provided along Coral Avenue west of the project site. The
project maintains a building envelope consistent with the zoning of the site and pattern of neighborhood
development. The project will therefore not degrade the visual quality of the Coastal Zone or result in adverse
impacts to public views.
The Zoning Administrator requested that Condition of Approval No. 13 be expanded and clarified to include
compliance with City Council Policy L-6. Staff agreed to make that change.
The Zoning Administrator opened the public hearing. Applicant Ian Harrison stated that he and the property
owner had reviewed the draft resolution and agree with all of the required conditions, including the revised
language for Condition No. 13.
Seeing that no one else from the public wished to comment, the public hearing was closed.
Action: Approved
ITEM NO. 8 Belling Residence Coastal Development Permit No. CD2018-002 (PA2018-004)
Site Location: 2691 Bay Shore Drive Council District 3
Liane Schuller, Contract Planner, provided a brief project description stating that the applicant requests a
coastal development permit to allow the demolition of an existing single-family residence and construction of
a new 2,037-square-foot single-family residence with an attached two-car garage. Ms. Schuller stated that
the project site located within the private Bayshores Community. The proposed residence has been designed
to comply with all applicable zoning code standards, including parking, height, setbacks and floor area
restrictions. The Bayshores private community was established in 1941, pre-dating the coastal act.
The site is located approximately 160 feet from the mean high tide line, and is separated from the water by
Bay Shore Drive, a row of existing residences and a private beach area. While the community is located
between the nearest public road and the shoreline, the Local Coastal Implementation Plan ties the
requirement to provide public access to the impacts of the project being evaluated. In this case, the project
replaces an existing single-family residence with a new single-family residence and does not involve a
change in land use, density or intensity that would cause or contribute towards adverse public coastal access
conditions. The nearest vertical and lateral public coastal access to the bay front will continue to be provided
at the Balboa Bay Club, located approximately 1,500 feet west of the project site.
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The project complies with all applicable LCP development standards and maintains a building envelope
consistent with the zoning of the site and the pattern of neighborhood development. The project will therefore
not degrade the visual quality of the Coastal Zone or result in adverse impacts to public views.
Staff recommended approval of the coastal development permit, subject to the findings and recommended
conditions of approval included in the draft resolution.
The Zoning Administrator opened the public hearing. Victor Rogel, from CJ Light Associates, representing the
property owner, stated that they had reviewed and agree to the conditions of approval as proposed.
Seeing that no one else from the public wished to comment the public hearing was closed.
Action: Approved
ITEM NO. 9 Murphy Residence Coastal Development Permit No. CD2018-006 (PA2018-012)
Site Location: 914 West Balboa Boulevard Council District 1
On behalf of David Lee, Planning Technician, Jaime Murillo, Senior Planner, provided a brief overview of the
project application. He described the project location and the request to allow the demolition of an existing
single-family residence and the construction of a new 3,245-square-foot duplex with a 365-square-foot
garage and two covered carports. The property complies with all applicable development standards and the
bulk and scale of the project is consistent with the existing neighborhood pattern of development. As such the
project did not have the potential to degrade the visual quality of the coastal zone or result in impacts to
public views or increased demand for public access.
Applicant Rod Jeheber, R.A. Jeheber Residential Design, on behalf of the Dan Murphy, property owner,
stated that he and the owner have 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
ITEM NO. 10 Grant Thornton Signage Modification Permit No. MD2018-002 (PA2018-039)
Site Location: 4695 Macarthur Court Council District 3
On behalf of David Lee, Planning Technician, Makana Nova, Associate Planner, provided a brief project
description stating that the application is a request for two signs on two facades in the PC-15 (Koll Center
Planned Community). The first sign is a 100-square-foot letter/logo sign and the second sign is a 207-square-
foot text sign, which would be repeated on two facades for a total of four signs. The Koll Center Planned
Community allows for one 200-square-foot sign on two facades. The existing building is 16 stories at 214 feet
6 inches tall by 144 feet in width. Staff recommends approval for the requested signage given the larger size
of the building, need for greater vehicle visibility from MacArthur Boulevard and Campus Drive, and that the
existing office building is part of a larger complex within the Koll Center.
Applicant Mark Wiseman of TFN, on behalf of the property owner, The Irvine Company, 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. The Zoning Administrator approved the requested Modification Permit as
requested.
Action: Approved
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E. PUBLIC COMMENTS ON NON-AGENDA ITEMS
None.
F. ADJOURNMENT
The hearing was adjourned at 4:27 p.m.
The agenda for the Zoning Administrator Hearing was posted on April 6, 2018, at 4 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 April 6, 2018, at 3:40 p.m.
Patrick J. Alford, Zoning Administrator