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NEWPORT BEACH ZONING ADMINISTRATOR MINUTES
100 CIVIC CENTER DRIVE, NEWPORT BEACH
COMMUNITY ROOM
THURSDAY, MARCH 12, 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
Stefanie Edmondson, Planning Consultant
Liane Schuller, Planning Consultant
II. REQUEST FOR CONTINUANCES
None.
III. APPROVAL OF MINUTES
ITEM NO. 1 MINUTES OF FEBRUARY 27, 2020
Action: Approved
IV. PUBLIC HEARING ITEMS
ITEM NO. 2 Biggs Lot Line Adjustment No. LA2019-003 (PA2019-232)
Site Location: 408 Carlotta Council District 4
Stefanie Edmondson, Planning Consultant on behalf of Melinda Whelan, Assistant Planner, provided a brief
project description stating that the application was for a lot line adjustment to add approximately 600 square
feet of homeowners' association property to a private residential property at 408 Carlotta. The subject area
is located at the entrance to the dwelling unit, between the dwelling unit and the garage. There will be no
change in the number of lots. The purpose of the Lot Line Adjustment is to create a larger lot at 408 Carlotta,
similar to other lot line adjustments that have been recorded throughout the Eastbluff Community and to
allow for wall and patio improvements at the entry. The proposed Lot Line Adjustment will shift the existing
front property line of 408 Carlotta approximately 16 feet forward to include the grass area and concrete
area between the garage and the dwelling; and the grass area in front of the entrance to the dwelling.
Applicant Dennis Biggs, on behalf of The Biggs Family Trust, 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. 3 428 Fernleaf, LLC Condominiums Coastal Development Permit No. CD2019-066 and
Tentative Parcel Map No. NP2019-012 (PA2019-231)
Site Location: 428 Fernleaf Avenue Council District 6
Planning Consultant, Stefanie Edmondson, on behalf of Melinda Whelan, Assistant Planner, provided a brief
project description stating that the application was a request for a coastal development permit (CDP) and
tentative parcel map for two-unit condominium purposes. A single-family dwelling has been demolished
and a new duplex is under construction. No waivers of Newport Beach Municipal Code (NBMC) Title 19
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(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). The subject property is approximately 1,600 feet from
the Harbor entrance and lies within the Categorical Exclusion Area.
Applicant Matthew Watson of Watson Legal Group, 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. 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
Planning Consultant, Stefanie Edmondson on behalf of Melinda Whelan, Assistant Planner, provided a brief
project description stating that the applicant requests a modification permit and coastal development permit
to amend previously approved Modification Permit No. MD2011-018 for two freestanding, double-faced
signs located at the northeast and northwest corners of the intersection of East Coast Highway and Newport
Center Drive. The amended Modification Permit would allow an increased maximum sign height of 10 feet,
3 inches and maximum width of 13 feet, 9 inches to update the exisitng signage to include a new decorative
base and cap. The amended Modification Permit would also allow an increased maximum sign area of 93
square feet. Each sign is located on a separate parcel, 1401 and 1402 Newport Center Drive. 1402 Newport
Center Drive is located within the Coastal Zone and requires a coastal development permit that includes a
variance to the 6-foot maximum height allowance and a modification to the 75-square-foot maximum sign
area allowance for a monument sign in Title 21 (Local Coastal Program Implementation Plan). The signs
have been designed to be consistent with other signs in Newport Center. This Modification Permit will
supersede and replace Modification Permit No. MD2011-018.
Applicant Paul Shaver of CAA Planning, on behalf of the Irvine Company, stated that he had reviewed the draft
resolution and agrees with all of the required conditions.
The Zoning Administrator clarified with the Applicant that these new signs are to identify the two main tenants.
The design appears to match the other Irvine Company properties and the size increase is minimal given the
large open space.
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 Newport Auto Center Temporary Inventory Storage Limited Term Permit No. XP2019-
012 (PA2019-255)
Site Location: 101 Bayside Drive Council District 5
Liz Westmoreland, Associate Planner, provided a brief project description stating that the application was for a
Limited Term Permit (over 90 days) to store up to 300 vehicles from the Newport Auto Center (NAC)
dealership in a temporary location at the Newport Dunes Resort and Marina (“the Dunes”). No customers
would be allowed to access the storage site. The inventory vehicles parked at the Dunes would be excess
inventory and are not required parking for the Newport Auto Center. The applicant would utilize surplus
parking spaces located in the gravel lot at the Dunes, and would not utilize any of the parking spaces
required by the settlement agreement. The Limited Term Permit would expire one year from the effective
date, unless the Zoning Administrator grants an extension for up to one additional year.
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The Zoning Administrator asked about the status of the Conditional Use Permit amendment for Newport Auto
Center. Ms. Westmoreland responded that they had submitted the application on time and that it was currently
under review by staff.
Applicant Tim Tauber, on behalf of the Newport Auto Center, stated that he had reviewed the draft resolution
and agrees with all of the required conditions. He stated that there were only 17 vehicles parked at the Dunes
currently. In the future they will apply to modify their existing facility to accommodate all vehicles on-site.
The Zoning Administrator opened the public hearing. Seeing that no one from the public wished to comment,
the public hearing was closed.
Subsequently, the Zoning Administrator requested that Finding B (1) be revised as follows: “The use would be
authorized for one (1) year, for a possible extension of an additional year if authorized by the Zoning
Administrator.”
Action: Approved
ITEM NO. 6 Belt Capital Properties, LLC Condominium Conversion No. CC2020-001, Tentative
Parcel Map No. NP2020-001, Modification Permit No. MD2020-001 and Coastal
Development Permit No. CD2020-003 (PA2020-004)
Site Location: 945 and 947 West Balboa Boulevard Council District 1
Liane Schuller, Planning Consultant, provided a brief project description stating that approval is requested to
convert an existing two-unit dwelling into two condominiums. The application includes a modification permit
to maintain the existing parking space dimensions, which deviate from current minimum requirements. The
existing parking spaces were in compliance with the applicable development standard at the time the
development was constructed in 2009. The Zoning Code grants the Zoning Administrator authority to
approve modifications to the size of parking spaces, provided appropriate findings can be made.
Ms. Schuller continued that the existing development complies with all other applicable development
standards, and no new construction is proposed in conjunction with this request. Findings for the requested
entitlements are included in the draft resolution. The Public Works Department has reviewed and
conditioned the approval of the parcel map to eliminate an abandoned curb cut along Balboa Boulevard
and install new curb, gutter and sidewalk in front of the project site.
Ms. Schuller also stated that removal of the abandoned curb cut will improve maneuverability and parking
conditions along the street as well as facilitate pedestrian access.
Applicant Matthew Watson, 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.
The Zoning Administrator modified Fact 2 in support of Finding U, to add that the parking dimensions were
compliant with the requirements in effect at the time of construction and for current requirements for lots less
than 30 feet wide.
Action: Approved
ITEM NO. 7 Theders Residence Coastal Development Permit No. CD2020-002 (PA2020-005)
Site Location: 619 36th Street Council District 1
Liane Schuller, Planning Consultant, provided a brief project description stating that the applicant is requesting
a coastal development permit to demolish an existing single-family dwelling, and construct a replacement
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dwelling and two-car garage. The project also includes an existing bulkhead that will be reinforced and
raised in height to address coastal hazards protection. The project complies with all applicable development
standards and no deviations are requested. The property is bisected by the California Coastal
Commission’s permit jurisdiction boundary, resulting in a portion of the project and the bulkhead
improvements being within the Coastal Commission permit jurisdiction and requiring Coastal Commission
review. The draft resolution includes a condition requiring that the project obtain authorization from the
California Coastal Commission for portions of the project within their jurisdiction.
Ms. Schuller stated that a letter of comment had been received from Jim Mosher, requesting clarification
on permeable lot area and the location of the Coastal Commission jurisdiction boundary. The applicant has
provided a plan sheet documenting compliance with permeable surface area requirements and the post-
certification map shows the jurisdictional boundary to be approximately 15 feet from the rear property line.
The bulkhead and a portion of the accessory structures lie within that area; the primary structure and other
accessory structures are subject to a local coastal development permit. At the request of the Zoning
Administrator, Ms. Schuller clarified the permeable area calculations.
Applicant Victor Rogel of C.J. Light Associates, 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 and clarified conditions of approval for the project. Seeing
that no one from the public wished to comment, the public hearing was closed.
The Zoning Administrator modified Condition of Approval Nos. 3 and 4 clarifying that prior to the issuance of a
building permit, approval of the bulkhead improvements shall be obtained from the California Coastal
Commission.
Action: Approved
ITEM NO. 8 Vincent Residence Coastal Development Permit No. CD2020-007 (PA2020-012)
Site Location: 1502 South Bay Front Council District 5
Stefanie Edmondson, Planning Consultant, provided a brief project description stating that the application was
a request for a coastal development permit to allow the demolition of an existing single-family residence and
construction of a new 2,488-square-foot, single-family residence with an attached 412-square-foot, two-car
garage. The project is designed and sited so as not to block or impede existing public access opportunities and
all construction shall occur within the confines of private property with the exception of the 4-foot, 6-inch front
yard encroachment (South Bay Front) for a low retaining wall and planter box. The applicant shall obtain Public
Works Department review and approval for improvements encroaching into the public right-of-way area.
Applicant Ian Harrison, Architect, on behalf of Garth and Gina Vincent, owners, 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
V.PUBLIC COMMENTS ON NON-AGENDA ITEMS
None.
VI.ADJOURNMENT
The hearing was adjourned at 3:32 p.m.
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The agenda for the Zoning Administrator Hearing was posted on March 5, 2020, at 11:00 a.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 March 5, 2020, at 11:30 a.m.
Jaime Murillo
Zoning Administrator
April 16, 2020, Zoning Administrator Agenda Comments
Comments submitted by: Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660
(949-548-6229)
Item 1. Draft Minutes of March 12, 2020
The following correction to the draft minutes is suggested:
Page 4 of 5, paragraph 2: “Ms. Schuller stated that a letter of comment had been reviewed from
Jim Mosher, requesting clarification on permeable lot area and the location of the Coastal
Commission jurisdiction boundary.”
Although “reviewed” makes some sense, it seems grammatically probable “received” was
intended.
Zoning Administrator - April 16, 2020
Item No. 1a Additional Materials Received
Draft Minutes of March 12, 2020