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NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM THURSDAY, MAY 13, 2021 REGULAR MEETING – 10:00 A.M. I. CALL TO ORDER – The meeting was called to order at 10:00 a.m.
Staff Present (Remote): Jaime Murillo, Zoning Administrator Melinda Whelan, Assistant Planner Afshin Atapour, Planning Technician
Victoria Kim, Planner Technician
II. REQUEST FOR CONTINUANCES None. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF APRIL 29, 2021
Action: Approved as amended
IV. PUBLIC HEARING ITEMS ITEM NO. 2 Katkin Residence Coastal Development Permit NO. CD2021-011 (PA2021-059) Site Location: 2500 Marino Drive Council District 3
Melinda Whelan, Assistant Planner, provided a brief project description stating that the request is for a coastal
development permit to allow the demolition of an existing single-family residence and the construction of a new two-story residence including an attached, three-car garage. The proposed dwelling conforms to all
applicable development standards and does not impact public coastal access or views. Mrs. Whelan proposed a change to the Resolution,deleting Condition No. 4 related to code compliance for an elevator
that is not proposed as part of the project .
Applicant Eric Olsen, Architect, on behalf of the Katkin Residence, stated that he had reviewed the draft Resolution and agrees with all the required conditions including the proposed change.
The Zoning Administrator opened the public hearing. Seeing that no one from the public wished to comment,
the Zoning Administrator closed the public hearing. The Zoning Administrator agreed with the change to the Resolution. The Zoning Administrator added a correction to Finding B in Fact in Support of Finding No. 1. The location of the Anchorage Apartments should
be adjacent the subject Bay Shores Community instead of within the Community. The Zoning Administrator also explained that the front setbacks are described as Marino Drive and Vista Drive but there are several
errors on the setback maps where many of the front setbacks identified on corner lots in this area should be treated as side yard setbacks. For the record, Marino Drive should actually be treated as a side yard setback and the City is in the process of correcting these errors.
Action: Approved as amended
MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 05/13/2021
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ITEM NO. 3 500 Orchid LLC Condominiums Tentative Parcel Map No. NP2021-002 (PA2021-033) Site Location: 500 and 500 1/2 Orchid Avenue Council District 6
Victoria Kim, Planner Technician, provided a brief project description stating that the application is for a tentative parcel map for two-unit condominium purposes at 500 Orchid Ave, which is a corner lot located at Orchid Ave and Second Ave. An existing duplex has been demolished and a new duplex is currently under construction, which will provide the two-car parking per unit (four spaces total) requirement of the Zoning Code. Public improvements include new street trees along Orchid Ave, a 10-foot radius corner cutoff at the corner of Orchid Avenue and Second Avenue, and a new accessibility-compliant curb ramp. The tentative parcel map would
allow each unit to be sold separately. Applicant Tom Decker of Forkert Engineering & Surveying, Inc. 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 Zoning Administrator closed the public hearing. The Zoning Administrator asked staff to clarify that the existing duplex is already demolished, and the new duplex is under construction due to conflicting information in staff report. The Zoning Administrator also asked
staff to make edits to the statements in the resolution for clarity purposes in regard to the conditions by Public Works.
Action: Approved as amended
ITEM NO. 4 Chipotle Mexican Grill Lot Merger No. LM2021-002 and Staff Approval No. SA2021-001 (PA2021-009) Site Location: 3040 and 3050 East Coast Highway Council District 6
Afshin Atapour, Planning Technician, provided a brief project description stating that the application is for a lot merger and staff approval for a tenant improvement of the existing restaurant space. The tenant improvements
include entry modification, an interior and exterior façade remodel, new pick-up window, patio updates, and Americans with Disabilities Act of 1990 (ADA) parking and access enhancements. The lot merger would
combine two lots into a single parcel as a single building site.
The Zoning Administrator clarified that the resolution shall be edited to include Section 20.50.30.B of the municipal code, which clarifies the Zoning Administrator as the higher review authority. The Zoning
Administrator also asked staff to make edits to the conditions in the resolution for clarity purposes.
Applicant Brett Gray of Dungan Design Group, LLC, on behalf of Chipotle Mexican Grill, 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, Mr. Mosher, clarified that the previous use permits are not being repealed and secondly, questioned the lot merger being required for the project and if a specific section of the code would be violated if the lot merger was not completed.
The Zoning Administrator closed the public hearing.
The Zoning Administrator clarified a lot merger is required when development across property lines is being proposed. Improvements to this site would require a lot merger in terms of the accessory structures.
The Zoning Administrator also asked staff to make edits to the conditions in the resolution for clarity purposes in regard to all applicable previous conditions. And to add a condition that the new development shall be in substantial conformance with the approved site plan, floor plan, and elevations. And lastly, all references to
MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 05/13/2021
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approved plans in prior conditions of approval shall hereby refer to the approved plans stamped and dated with the date of this approval. Action: Approved as amended V. PUBLIC COMMENTS ON NON-AGENDA ITEMS One member of the public, Mr. Mosher, asked if future Zoning Administrator hearings would be held in person
with a hybrid format. He also commented that the County should be aware of the need of a Coastal Development approval from the City when division of land is involved. The Zoning Administrator confirmed that future hearings would continue to be held via Zoom for the time being. VI. ADJOURNMENT
The hearing was adjourned at 10:34 a.m. The agenda for the Zoning Administrator Hearing was posted on May 7, 2021, at 2:00 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 7, 2021, at 1:30 p.m.