HomeMy WebLinkAbout20190228_ZA_MinutesMINUTES OF THE MEETING OF THE
NEWPORT BEACH ZONING ADMINISTRATOR 02/28/2019
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ITEM NO. 8 Calacci Residential Demolition Coastal Development Permit No. CD2018-073 (PA2018-170)
Site Location: 400 South Bay Front, Units 1, 2, 3, 4 and 5 Council District 5
Liz Westmoreland, Assistant Planner, provided a brief project description stating that the application is for a coastal
development permit to demolish the existing two structures containing a total of five units. No new construction is included
in this application. A staff approval was previously approved that confirmed compliance with the MELO act regarding the
conversion or demolition of affordable housing in the coastal zone. Staff recommended approval of the project.
The Zoning Administrator asked for clarification regarding compliance with the Mello Act and verified that proper
documentation had been provided as evidence.
Applicant Caitlin Smith of Brandon Architects, on behalf of the owner, stated that they had reviewed the draft resolution
and agree 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 Ataii Residence Coastal Development Permit No. CD2018-104 (PA2018-248)
Site Location: 914 East Ocean Front, Units A, B and C Council District 1
Liz Westmoreland, Assistant Planner, provided a brief project description stating that the application is for a coastal
development permit to demolish the existing non-conforming triplex and construct a new three-story single-family
residence. In 2015, the subject property provided a dedication at the rear of the property for the purpose of constructing
an alley in the future. The future alley would run from A to B Street. The adjacent site has also provided a dedication, but
has not demolished the encroaching structures yet. Nonetheless, the project has been designed to comply with the future
alley design. During construction, personnel would be required to access the site via private property and no materials
would be allowed to be stored on public property including the alley. A construction management plan is required prior to
permit issuance.
Staff received public comments on the project mainly regarding construction hazards, noise, and liability. Ms.
Westmoreland stated that any conflicts between neighbors would be considered a civil matter. Construction noise
would be regulated by the Municipal Code.
The Zoning Administrator asked for clarification regarding evidence demonstrating compliance with the Mello Act. Ms.
Westmoreland related that a previous staff approval that confirmed compliance with the Mello Act regarding the
conversion or demolition of affordable housing in the coastal zone.
The Zoning Administrator asked staff when the alley is eventually constructed if there would be sufficient conditions in
the CDP or in the Code to confirm that the garage would be utilized as intended. Staff stated that Public Works had
reviewed the design for maneuverability and found it acceptable.
Applicant Rod Jeheber of R.A. Residential Design Inc., 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, Kelly O’Neil, spoke and stated that she lives near the property and is concerned about access
and materials storage for the site during construction since there is no access to the site. She asked about shoring for
the property and insurance for grading. She asked if they can wait until September to start construction. She discussed
how her views may be blocked.
The Zoning Administrator reminded the applicant that the City’s discretion is limited because the application is for a
coastal development permit. As indicated by staff, protection of private views is not a concern during this process.
There were no other public comments. The Zoning Administrator closed the public hearing.
MINUTES OF THE MEETING OF THE
NEWPORT BEACH ZONING ADMINISTRATOR 02/28/2019
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Staff responded to the Ms. O’Neil stating that concerns pertaining to the boardwalk were analyzed as part of this project.
Staff included conditions to ensure that the boardwalk is never used for access or for materials storage or staging. The
applicant can provide clarity on the storage of materials and access via private property that would be outlined in the
construction management plan.
The applicant stated that Marco, the adjacent neighbor at 912 East Ocean Front would allow the subject applicant access
during construction by demolishing the existing structure that blocks access via the alley. They would plan to do demolition
and construction at the same time. He also stated that it takes at least a year to build a home, so not doing any
construction in the summer would be challenging.
Staff clarified that the City does not require insurance from the builder and any disputes including damage to neighboring
structures would be considered a civil matter. The plans would be reviewed during the building permit process to ensure
code requirements are met.
Staff stated that they did not anticipate any potential impacts to public access or beach parking during the construction of
the residence as compared to another standard single-family residence under construction in the area. Again, they cannot
utilize public property for construction purposes.
Lastly, staff stated that the project complies with setbacks and the City does not currently regulate or protect public views.
This report analyzed impacts to public views.
Action: Approved
ITEM NO. 10 Baywood Apartments Signage Comprehensive Sign Program No. CS2018-007 and
Modification Permit No. MD2018-008 (PA2018-244)
Site Location: 1 Baywood Drive Council District 5
Liz Westmoreland, Assistant Planner, provided a brief project description stating that the application is for a
comprehensive sign program and modification permit to authorize signage for the Baywood Apartments community. The
area is governed by the PC-3 Harbor View Hills Planned Community. Staff described the purpose of the application. The
apartment complex is larger than most apartment complexes in the City. The site is adjacent to three large frontages.
Existing monument signage on MacArthur Boulevard would be removed and replaced further north with a slim leasing
pole style sign. The monuments are significantly spaced and provide adequate visibility.
Applicant Shawna Schaffner of CAA Planning, 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.
One member of the public, Jim Mosher, asked about the reasoning for the seven-foot high signs stating that they seemed
excessive.
The Zoning Administrator closed the public hearing.
The Zoning Administrator stated that the purpose of signage is for identification and not advertising. The applicant
responded that the site contains 30-year-old signage and the subject site is generally surrounded by tall mature trees.
The City’s Zoning Code, in areas where there is not a Planned Community (PC) text, allows monument signs up to 6 feet
high. Therefore, the proposed monument signs would normally be able to be approved via an administrative approval of
a sign program. She also stated that the PC text is over 30 years old and the new signage would allow for larger letters
that are easier to read. Lastly, the applicant stated that they would be removing an existing monument sign from the
corner of MacArthur Boulevard and San Joaquin Hills Road, which is one of the busier intersections in the City.
Staff stated that the signs could never utilize offsite commercial messages, like a billboard, since it is prohibited by code.
The applicant stated that the signs are not for the purpose of advertising.
Action: Approved