HomeMy WebLinkAbout20200528_ZA_MinutesMINUTES OF THE MEETING OF THE
NEWPORT BEACH ZONING ADMINISTRATOR 05/28/2020
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ITEM NO. 4 Stewart Residence Coastal Development Permit No. CD2019-057 (PA2019-224)
Site Location: 320 Alvarado Place Council District 1
Liz Westmoreland, Associate Planner, provided a brief project description stating that the application is for a
coastal development permit to allow the remodel of an existing duplex. The improvements include façade
upgrades, minor remodeling, and removing and replacing the existing flat roof with a sloped roof. The project
is nonconforming due to front and rear setbacks, number of units, and parking spaces; therefore, the scope is
very limited. The project would be exempt, but it includes an increase in height of more than 10 percent. A
project of this scope would normally be excluded pursuant to the Categorical Exclusion Order; however, it does
not comply with parking requirements, so it does not qualify for exclusion. The project would be considered for
a waiver; however, it is located in the California Coastal Commission’s appeal area and the coastal
development permit cannot be waived. Lastly, the proposed project includes walling off an existing staircase
that allows access to the roof, which does not include a safety parapet or guardrail. The project would eliminate
access to the roof as it would be enclosed by the new sloped roof, removing this safety hazard.
Applicant Jeff Roberts of Jeff A. Roberts & Associates, Inc., on behalf of the Owner, stated that he had reviewed
the draft resolution and agrees with all of the required conditions.
In response to the Zoning Administrator’s inquiry, the Applicant confirmed that he understood the condition of
approval stating that the existing balcony cannot be structurally altered, and that work is limited to repair and
maintenance, and also reaffirmed that no structural work is proposed.
The Zoning Administrator opened the public hearing.
One member of the public, Jim Mosher, asked if the City’s indemnification condition would apply to the owner
or the applicant.
Seeing as no others wished to comment, the Zoning Administrator closed the public hearing.
The Zoning Administrator responded that the City Attorney’s Office has prepared the condition and that it is a
standard condition for all projects. The applicant indemnifies the City on behalf of the owner. The Zoning
Administrator stated that the project would remove an unsafe condition and improve the building.
Action: Approved
ITEM NO. 5 La Plante Family Trust Mixed-Use Remodel and Addition Coastal Development Permit
No. CD2019-072 (PA2019-260)
Site Location: 112 Agate Avenue Council District 5
Joselyn Perez, Assistant Planner, provided a brief project description stating that the request is for a Coastal
Development Permit (CDP) to allow a new third floor residential addition of 235 square feet and a roof top deck.
The CDP is needed because the proposed project will increase the height of the existing structure by more
than 10 percent. The existing building was built in the 1960s in conformance with a Use Permit that allowed for
a commercial laundry on the ground floor and a residential unit above. The building is currently nonconforming
for a variety of reasons including floor area ratio (FAR), parking, and setbacks. The proposed construction
conforms to all applicable development standards; however, it does not propose to bring any of the existing
nonconformities into conformance with the current development standards.
Ms. Perez explained that the project was not deemed a new structure and approval of a site development
review is not required. The project site is located between the nearest public road and the sea, does not involve
a change in land use, density or intensity that will result in increased demand on public access, is not located
adjacent to a coastal view road, and does not currently provide nor inhibit public coastal access. Lateral access
will continue to be provided by the Balboa Island Loop.
Zoning Administrator Murillo noted that the project is not on the water and directed Assistant Planner Perez to
eliminate Condition of Approval No. 5 which prohibited private development seaward of the bulkhead. He then
MINUTES OF THE MEETING OF THE
NEWPORT BEACH ZONING ADMINISTRATOR 05/28/2020
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noted that the third floor had external access separate from the second floor and asked if the third floor is
intended to be used as an extension of the second floor and not as a separate unit. Assistant Planner Perez
confirmed that the third floor is part of a single residential unit. Zoning Administrator Murillo asked the Applicant,
Scott Peotter of Aslan Companies, Inc, to clarify the intention of the third floor further. Mr. Peotter replied that
the third floor unit is intended to function as part of the second floor unit and the staircase is intentionally external
to the unit, both to conform with floor area ratios and to decrease the overall massing of the building.
Mr. Peotter then stated that he had reviewed the draft resolution and agrees with all of the required conditions.
Zoning Administrator Murillo asked the Applicant if he would accept an additional condition of approval stating
that the third floor living space is not to be used separately from the second floor living space, barring any
changes to the zoning code which would allow the unit to be used separately. Mr. Peotter agreed.
The Zoning Administrator opened the public hearing.
One member of the public, Jim Mosher, commented that the addition appeared larger than a 65-net-square-
foot addition, partially because of the covered patio on the third floor, and asked if future changes to the Zoning
Code to limit third floor massing on residential structures would have affected this project. Zoning Administrator
Murillo answered that the proposed changes to third floor massing would only apply to properties zoned
residential and the project site is zoned mixed use which is considered nonresidential.
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, reminded the public of the lobbyist registration requirements in Newport
Beach. He suggested changing the deadline for written comments. He also stated that the standard
reference system for measuring heights by the harbor will be updated in the next couple of years.
VI. ADJOURNMENT
The hearing was adjourned at 11:06 a.m.
The agenda for the Zoning Administrator Hearing was posted on May 22, 2020, at 3:00. 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 May 22, 2020, at 3:30 p.m.