HomeMy WebLinkAbout02-14-2019_ZA_MinutesNEWPORT BEACH ZONING ADMINISTRATOR MINUTES
100 CIVIC CENTER DRIVE, NEWPORT BEACH
CORONA DEL MAR CONFERENCE ROOM (BAY E -1ST FLOOR)
Thursday, February 14, 2019
REGULAR MEETING — 3:00 P.M.
I. CALL TO ORDER — The meeting was called to order at 3:00 p.m.
Staff Present: Patrick J. Alford, Zoning Administrator
Jaime Murillo, Senior Planner
Rosalinh Ung, Senior Planner
Chelsea Crager, Associate Planner
David Lee, Assistant Planner
Melinda Whelan, Assistant Planner
II. REQUEST FOR CONTINUANCES
None.
III. APPROVAL OF MINUTES
ITEM NO. 1 MINUTES OF JANUARY 24, 2019
Action: Approved
ITEM NO.2 MINUTES OF JANUARY 31, 2019
Action: Approved
IV. PUBLIC HEARING ITEMS
ITEM NO. 3 Newport Beach Country Club - Golf Club Site - Annual Development Agreement
Review No. DA2010-005 (PA2016-094)
Site Location: 1 Clubhouse Drive (formerly 1600 East Coast Highway)
Council District 5
Rosalinh Ung, Senior Planner, provided a brief project description stating that the Development Agreement
review covers the period of October 2016 and December 2018. The Development Agreement was approved
in 2012 along with all land use entitlements for construction of a clubhouse up to 56,000 square feet in size.
The term of the Development Agreement (DA) is 10 years. The golf clubhouse and its ancillary improvements
were fully completed in January 2017. The remaining 278 square feet that could be built will remain available
for construction as an entitlement until the DA expires in December 2022. After reviewing the report provided
by the applicant and applicable documents, staff believes that the applicant is in good faith compliance with
the terms and conditions of the DA.
The applicant, Paul Shaver of CAA Planning, on behalf of the owner, agrees with the staff report and
recommendation.
The Zoning Administrator opened the public hearing. Seeing that no one from the public wished to comment,
the public hearing was closed.
Zoning Administrator found that the annual review is exempt from CEQA and determined Newport Beach
Country Club is in good faith compliance with terms of the Development Agreement.
Page 1 of 5
MINUTES OF THE MEETING OF THE
NEWPORT BEACH ZONING ADMINISTRATOR
Action: Approved
02/14/2019
ITEM NO.4 McLain Residence Coastal Development Permit No. CD2018-091 (PA2018-219)
Site Location: 2168 East Ocean Front Council District 1
Chelsea Crager, Associate Planner, provided a brief project description stating that the project requires a
coastal development permit to allow the demolition of an existing single-family residence and the construction
of a new, two-story single-family residence including a two -car garage and accessory structures. The
development complies with all applicable development standards and no deviations are requested.
The Zoning Administrator asked staff if the proposed building will be more in-line with the adjacent property
than the existing building. Staff confirmed that it will. The Zoning Administrator confirmed with staff that as a
result of the alignment, the proposed structure will not obstruct views looking up the coast.
Applicant Carlton Graham of Graham Architecture 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. 5 3505 Seashore Drive, LLC Residence Coastal Development Permit No. CD 2018-116
(PA2018-270)
Site Location: 3505 Seashore Drive, Units A and B Council District 1
Melinda Whelan, Assistant Planner, provided a brief project description stating that the applicant requests a
coastal development permit to allow the demolition of an existing duplex and the construction of a new three-
story, 2,946 -square -foot, single-family residence, an attached 374 -square -foot, two -car garage, and
accessory structures. The design complies with all applicable development standards and no deviations are
requested. The proposed dwelling complies with all current design standards for the current flood zone
designation from FEMA; however, a change will be implemented on March 21, 2019, that could require
additional design restrictions. Due to the upcoming flood zone designation, the applicant consulted with
GeoSoils, Inc. to prepare a more detailed and site-specific analysis regarding sea level rise and flooding to be
included in the Coastal Hazards Report. The report concluded that the new flood zone designation and
design requirements are overly conservative and that the project as designed and proposed will be generally
safe from coastal hazards, including wave hazards for the life of the project based on the site-specific
analysis. Staff added that public comments were received from resident Jim Mosher (Additional Materials
Received 5a), and in response, Section 3, Finding A, Fact 3 of the Resolution was revised (Additional
Materials Received 5b).
Additionally, Ms. Whelan corrected typographical errors in the Resolution and deleted the condition of
approval that required a WQMP that was inadvertently left in and that does not apply to this project. Ms.
Whelan concluded that the Engineer from GeoSoils, Inc. was available via phone for any questions.
Applicant Amy Creager of Brion Jeannette Architects, on behalf of the Owner, stated that she 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 3805 Seashore Drive, LLC Residence Coastal Development Permit No. CD 2018-115
(PA2018-271)
Page 2 of 5
MINUTES OF THE MEETING OF THE
NEWPORT BEACH ZONING ADMINISTRATOR
02/14/2019
Site Location: 3805 and 3805'/2 Seashore Drive Council District 1
Melinda Whelan, Assistant Planner, provided a brief project description stating that the applicant requests a
coastal development permit to allow the demolition of an existing duplex and the construction of a new three-
story, 2,409 -square -foot, single-family residence, an attached 367 -square -foot, two -car garage, and
accessory structures. The development also includes an allowed 10 -foot patio encroachment pursuant to
Title 21 of the Newport Beach Municipal Code (NBMC). The design complies with all applicable development
standards and no deviations are requested. The proposed dwelling complies with all current design
standards for the current flood zone designation from FEMA; however, a change will be implemented on
March 21, 2019, that could require additional design restrictions. Due to the upcoming flood zone
designation, the applicant consulted with GeoSoils, Inc. to prepare a more detailed and site-specific analysis
regarding sea level rise and flooding to be included in the Coastal Hazards Report. The report concluded that
the new flood zone designation and design requirements are overly conservative and that the project as
designed and proposed will be generally safe from coastal hazards, including wave hazards for the life of the
project based on the site-specific analysis. Staff added that public comments were received from resident Jim
Mosher (Additional Materials Received 6b), and in response, Section 3, Finding A, Fact 3 of the Resolution
was revised (Additional Materials Received 6c):
Additionally, Ms. Whelan corrected typographical errors in the Resolution and deleted the condition of
approval that required a WQMP that was inadvertently left in and that does not apply to this project. Ms.
Whelan also added a Condition to require a Public Works encroachment permit for the proposed patio
encroachment pursuant to NBMC Title 21, Appendix C (Oceanfront Encroachment Policy Guidelines). Ms.
Whelan concluded that the Engineer from GeoSoils, Inc. was available via phone for any questions.
Applicant Amy Creager of Brion Jeannette Architects, on behalf of the Owner, stated that she 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 expressed concern to Staff regarding whether the patio encroachment was in fact
within the City's jurisdiction or if it is within the Coastal Commission's jurisdiction. To address this concern, the
Zoning Administrator also added a condition of approval that requires that if any portion of the patio
encroachment is located within the Coastal Commission permit jurisdiction, authorization from the Coastal
Commission shall be required.
Action: Approved
ITEM NO. 7 Simpson Residence Coastal Development Permit No. CD2018-108 (PA2018-253)
Site Location: 511 & 511 '/2 36th Street Council District 1
David Lee, Assistant Planner, provided a brief project description stating that an existing duplex will be
demolished and a new single-family residence will be constructed. The project includes the reinforcement
and raising of the existing bulkhead, but no work is to be conducted bayward of the existing property. The
development complies with all applicable development standards and no deviations are requested.
Applicant Brittany Ullestad of Patterson Custom Homes, on behalf of the owner, stated that she 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
Page 3 of 5
MINUTES OF THE MEETING OF THE
NEWPORT BEACH ZONING ADMINISTRATOR 02/14/2019
ITEM NO. 8 3506 West Ocean Front, LLC Residence Coastal Development Permit No. CD2018-114
(PA2018-272)
Site Location: 3506 West Ocean Front Council District 1
David Lee, Assistant Planner, provided a brief project description stating that a single-family residence will be
demolished and a new single-family residence will be constructed. Mr. Lee stated that, effective March 21,
2019, a portion of the lot will be located within the FEMA VE Zone, which indicates that a portion of the
property may be subject to flood hazards. However, a site-specific Coastal Hazards Report prepared for the
project concluded that the lot will be safe from hazards for a 75 -year period. Mr. Lee proposed a revision to
Section 3, Finding A, Fact 3 of the Resolution to incorporate resident Jim Mosher's written comments
(Additional Materials Received 8a). The revised fact (Additional Materials Received 8b) clarifies that the
property is currently designated as Flood Zone X per the current FEMA Flood Insurance Rate Map, but will
be designated as part of the VE Zone, effective March 21, 2019. Mr. Lee also proposed various revisions to
the Conditions of Approval, including the deletion of Conditions No. 20, 25, 26, and 27 due to inapplicability.
Applicant Amy Creager of Brion Jeanette Architecture, on behalf of the owner, stated that she had reviewed
the draft resolution with the proposed revisions 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. 9 VanDaele Residence Modification Permit and Coastal Development Permit No.
CD2018-113 (PA2018-276)
Site Location: 3004 West Ocean Front Council District 1
David Lee, Assistant Planner, provided a brief project description stating that a single-family residence will be
demolished and a new single-family residence will be constructed. Mr. Lee stated that, effective March 21,
2019, a portion of the lot will be located within the FEMA VE Zone, which indicates that a portion of the
property may be subject to flood hazards. However, a site-specific Coastal Hazards Report prepared for the
project concluded that it is safe from hazards for a 75 -year period. Mr. Lee stated that a modification permit is
also requested which allows for the residence to be constructed with a two -car garage that is substandard in
width. The subject property is uniquely shaped due to a previously approved lot line adjustment, creating a
situation where it is impossible to construct a code -compliant garage in a reasonable manner. Mr. Lee
proposed a revision to Section 3, Finding A, Fact 3 of the Resolution to incorporate resident Jim Mosher's
written comments (Additional Materials Received 9a). The revised fact (Additional Materials Received 9b)
clarifies that the property is currently designated as Flood Zone X per the current FEMA Flood Insurance
Rate Map, but will be designated as part of the VE Zone, effective March 21, 2019. Mr. Lee also proposed
various revisions to the Conditions of Approval, including the deletion of Condition No. 20 due to
inapplicability.
Applicant William Guidero, on behalf of the owner, stated that he had reviewed the draft resolution with the
proposed revisions 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
V. PUBLIC COMMENTS ON NON -AGENDA ITEMS
VI. ADJOURNMENT
Page 4of5
MINUTES OF THE MEETING OF THE
NEWPORT BEACH ZONING ADMINISTRATOR
The hearing was adjourned at 3:49 p.m.
02/14/2019
The agenda for the Zoning Administrator Hearing was posted on February 8, 2019, at 12:40 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 February 8, 2019, at 12:30 p.m.
Patrick J. Alford
Zoning Administrator
Page 5 of 5