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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, FEBRUARY 27, 2020
REGULAR MEETING – 3:00 P.M.
I. CALL TO ORDER – The meeting was called to order at 3:00 p.m.
Staff Present: Jaime Murillo, Zoning Administrator
Liz Westmoreland, Associate Planner
Melinda Whelan, Assistant Planner
Stefanie Edmondson, Planning Consultant
II. REQUEST FOR CONTINUANCES
Melinda Whelan, Assistant Planner, requested that Item No. 2 be removed from the calendar due to the public
hearing notice missing project information. The item will be rescheduled to the March 12, 2020 Zoning
Administrator meeting and will be re-noticed accordingly.
III. APPROVAL OF MINUTES
ITEM NO. 1 MINUTES OF FEBRUARY 13, 2020
Action: Approved as amended.
IV. PUBLIC HEARING ITEMS
ITEM NO. 2 Marigold Partners LLC Condominiums Tentative Parcel Map No. NP2019-013 (PA2019-
225)
Site Location: 502 and 502 1/2 Marigold Avenue Council District 6
Applicant Alan Gulezyan, on behalf of Marigold Partners, LLC, 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 requested to add a specific condition to state that the building duplex cannot be
finaled until final parcel map has been recorded.
Action: Approved
ITEM NO. 3 Alejo PS89, LLC Condominiums Tentative Parcel Map No. NP2019-014 and Coastal
Development Permit No. CD2019-067 (PA2019-235)
Site Location: 4916 Seashore Drive, Units A and B Council District 1
Melinda Whelan, Assistant Planner, provided a brief project description stating that the request is for a coastal
development permit and tentative parcel map for two-unit condominium purposes. A duplex will be
demolished and a new duplex is currently in the plan check process. No waivers of Newport Beach
Municipal Code (NBMC) Title 19 (Subdivisions) are proposed. The Tentative Parcel Map would allow each
unit to be sold individually. The Tentative Parcel Map also requires the approval of a coastal development
permit pursuant to NBMC Title 21 (Local Coastal Program Implementation Plan).
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The existing lot includes a 5-foot easement for a pedestrian walkway through the subject property leading to
the 50th Street end and the public beach. This easement will be maintained with the tentative parcel map.
Additionally, the tentative parcel map is conditioned to provide an improved accessibly-compliant curb ramp
along the Neptune Avenue frontage at the pedestrian easement, improving the public easement.
Applicant Rudy Herrera on behalf of the Alejo PS89, LLC, 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 added clarification to the findings that the 5-foot wide easement is centered on the
westerly property line, resulting in half of the easement located within the subject property. He also added a
condition stating that the final map shall show and maintain the 5-foot wide pedestrian and utility easement
centered along the westerly property line.
Action: Approved
ITEM NO. 4 Newport Center Monument Signs Modification Permit No. MD2019-007 and Coastal
Development Permit No. CD2019-070 (PA2019-209)
Site Location: 1401 and 1402 Newport Center Drive Council District 5
Action: Removed from calendar
ITEM NO. 5 Edward and Christine Capparelli Residence Coastal Development Permit No. CD2019-
073 (PA2019-263)
Site Location: 117 North Bay Front Council District 5
Stefanie Edmondson, Planning Consultant, provided a brief project description stating that the project is on
Balboa Island and zoned R-BI (Two-Unit Residential, Balboa Island). The applicant proposes to demolish a
duplex and construct a new 2,300 square-foot, single-family residence with an attached 451-square-foot, two-
car garage. A coastal development permit is required for demolition and construction within the coastal zone.
The project complies with all applicable development standards of the Local Coastal Program. Although the
property consists of a duplex, it is not subject to the provisions of Senate Bill 330 as the application was deemed
complete prior to the January 1, 2020 effective date. The project will not alter current coastal access. Staff
recommended approval of the project.
Applicant Justin Johnston of Brandon Architects, on behalf of the Edward and Christine Capparelli, 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, Bob Josten of 115 North Bay Front, spoke and stated that he had a number of
questions regarding the window orientation, privacy concerns, construction site security and alley parking
concerns. He submitted his concerns in writing.
Another member of the public, Jim Mosher spoke and questioned the date the project was deemed complete
and expressed concerns about the cumulative density on Balboa Island.
Rick Rawlins of 121 North Bay Front, member of the public, spoke and asked questions about the roof
extending into the setback and expressed concerns about the window orientation and privacy.
The Zoning Administrator addressed Mr. Josten and Mr. Rawlins concerns, referring them to Justin Johnston
for architectural concerns and referring them to Building and Safety divisions regarding the construction site
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concerns. He stated that new construction codes require the site to be fenced, prohibit Saturday construction,
and require the construction site superintendent’s phone number to be posted onsite.
The Zoning Administrator addressed Mr. Mosher’s concerns regarding Senate Bill 330 and the Planning
Consultant stated that the application review time and completion date were correct and that the completeness
of the application made for a quick review.
The Zoning Administrator closed the public hearing.
Action: Approved
ITEM NO. 6 Smith 507 LLC Residence Demolition Coastal Development Permit No. CD2019-063
(PA2019-245)
Site Location: 1616 West Ocean Front, Units A, B and C Council District 1
Liz Westmoreland, Associate Planner, provided a brief project description stating that the project is a coastal
development permit to demolish an existing non-conforming triplex. Any future reconstruction will require
approval of a coastal development permit. The existing structure is nonconforming due to the number of units
and number of parking spaces. The applicant has provided a construction erosion control plan to implement
before and during demolition.
Applicant Julie Laughton, on behalf of the Owner, stated that she had reviewed the draft resolution and agrees
with all of the required conditions. She said the owner intends to construct a new single-family residence on
the site in the future.
The Zoning Administrator opened the public hearing.
One member of the public, Mr. Mosher, spoke and stated that the project was deemed complete in December
of 2019, but does not appear complete without including the construction of a new residence on the site.
The Zoning Administrator closed the public hearing. He stated that the City determined that projects that submit
a complete demolition package prior to January 1, 2020 are not subject to SB330.
The Zoning Administrator also added an additional statement to the Facts in Support of Finding B.1. In sentence
two, he clarified that the existing structure is deficient four parking spaces. Additionally, future construction on
the site would consist of no more than two dwelling units with Code-required parking, which would reduce the
demand for on-street public parking for public access.
Action: Approved
V. PUBLIC COMMENTS ON NON-AGENDA ITEMS
One member of the public, Mr. Mosher, stated that additional materials received at the recent Zoning
Administrator meetings are not being added to the meeting archive. He also questioned the City’s
interpretation of the meaning and definition of “density” per the Zoning Code and the Implementation Plan.
VI. ADJOURNMENT
The hearing was adjourned at 3:39 p.m.
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The agenda for the Zoning Administrator Hearing was posted on February 21, 2020, at 4:00 p.m.
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 21, 2020, at 4:05 p.m.