HomeMy WebLinkAbout20200430_ZA_MinutesMINUTES OF THE MEETING OF THE
NEWPORT BEACH ZONING ADMINISTRATOR 04/30/2020
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ITEM NO. 5 Bogh Residence Coastal Development Permit No. CD2020-015 and Modification Permit
No. MD2020-004 (PA2020-025)
Site Location: 43 Balboa Coves Council District 1
David Lee, Associate Planner, provided a brief project description stating that the project is the demolition of
an existing single-family residence and the construction of a new single-family residence, as well as the raising
and reinforcement of an existing bulkhead. Mr. Lee stated that the project complied with applicable
development standards, including minimum floor elevation, bulkhead height, floor area, and building height.
Mr. Lee explained that the applicant is seeking a modification permit to deviate from the required setback
standards and encroach the corner of the structure 18 inches into the setback. Mr. Lee explained how the
proposed modification met the required findings. Mr. Lee also explained that a revised resolution was provided
by staff, which addressed the required findings for a modification in Title 21. The additional findings are similar
to those of Title 20, except for additional findings which address public access, public views, and protection of
coastal resources. Mr. Lee addressed two minor typing errors on the revised resolution.
Applicant John Morgan, Architect, on behalf of the Owner, stated that he had reviewed the draft resolution and
agrees with all of the required conditions. In reply to the Zoning Administrator’s inquiry, the applicant responded
that the modification permit would allow for a 90-degree angle corner for the structure. The Zoning Administrator
requested for the third-floor deck to be reduced to comply with the required setback line.
The Zoning Administrator opened the public hearing.
One member of the public, Jim Mosher, spoke and questioned the necessity of the modification permit because
the affected rooms are still functional even without a modification permit. Mr. Mosher commented on the use
of the Council-approved sea level rise data. Mr. Mosher asked for clarification on the plans for the location of
the bulkhead. Mr. Mosher also requested for clarification of the concrete walkway and if the public has access
to it.
In response to the Zoning Administrator’s questions, the applicant clarified that the location of the bulkhead
does not change, and that the existing bulkhead is to be raised and reinforced. The applicant also explained
that the walkway is a private walkway and that the public does not have access to it.
The Zoning Administrator closed the public hearing.
Action: Approved as Amended
ITEM NO. 6 Faerber Residence Coastal Development Permit No. CD2020-013 (PA2020-029)
Site Location: 405 Cortes Circle Council District 3
Action: Removed from Calendar
ITEM NO. 7 Bragg Redevelopment and Lot Merger No. LM2019-006 and Coastal Development
Permit No. CD2019-068 (PA2019-250)
Site Location: 107 and 109 Via Yella Council District 1
Chelsea Crager, Associate Planner, provided a brief project description stating that the project is a request for
a lot merger and waiver of parcel map requirements to combine two lots under common ownership into a single
lot. The project includes a coastal development permit to allow an addition and alterations to the existing single-
family residence at 107 Via Yella, following the demolition of the existing single-family residence at 109 Via
Yella. The lot merger would result in the reduction of one housing unit on the property; however, the lot merger
application was deemed complete and a categorical exclusion order was issued one December 11, 2019.
Therefore, the demolition of the existing single-family residence and the reduction in density is not subject to
Senate Bill 330, which became effective on January 1, 2020.
MINUTES OF THE MEETING OF THE
NEWPORT BEACH ZONING ADMINISTRATOR 04/30/2020
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The existing two lots do not meet the minimum lot width or lot area required by the Zoning Code and the Local
Coastal Program Implementation Plan; the proposed lot would conform to minimum standards. The proposed
lot merger meets the requirements set forth in Newport Beach Municipal Code Title 19 (Subdivision Code). The
proposed single-family residence complies with all applicable development standards.
The Zoning Administrator asked staff to describe correspondence from Zach Rehm, Senior Planner with the
California Coastal Commission. Associate Planner Crager stated that a comment was received when the
project was publicly noticed for a prior Zoning Administrator hearing. At that time, the project did not include
analysis of the proposed alterations and addition to the existing single-family residence at 107 Via Yella. Since
the analysis was revised to include the proposed alterations and addition, Mr. Rehm has not expressed any
additional concerns.
The Zoning Administrator noted that the standard conditions of approval related to residential construction were
not included in the draft resolution. Associate Planner Crager stated that this was an oversight, and the
resolution would be updated to include those conditions.
Applicant Bill Guidero, 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 was glad to see the analysis of the proposed
construction and would like to see the standard residential construction conditions of approval included in the
resolution. He stated that the letter from the California Coastal Commission pointed to policies in the Local
Coastal Plan that encouraged lot mergers in cases of commercial properties. He stated that if all lots on Lido
Isle conformed to Newport Beach Municipal Code standards for lot size, the residential density of Lido Isle
would decrease, which would be inconsistent with the Coastal Land Use Plan. The Zoning Administrator asked
Mr. Mosher if he was able to find any Coastal Land Use Plan policies that discouraged lot consolidation for
residential lots. Mr. Mosher stated that he did not, but that he does not believe the Implementation Plan is
consistent with the Coastal Land Use Plan. The Zoning Administrator also stated he did not see any policies
that discouraged lot consolidation for residential lots, and that the proposed lot size is more conforming with
the standards contained in the Implementation Plan and is compatible with the neighborhood.
The Zoning Administrator closed the public hearing.
Action: Approved as Amended
V. PUBLIC COMMENTS ON NON-AGENDA ITEMS
One member of the public, Mr. Mosher, commented that the Zoning Administrator meeting went well, and made
suggestions on how future meetings could be held. He also restated his written comment regarding the Minutes
of April 16, 2020, where he requested that the City clearly define the phrase: “repair and maintenance.”.
VI. ADJOURNMENT
The hearing was adjourned at 11:21 a.m.