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NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM THURSDAY, MAY 26, 2022
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 Patrick Achis, Assistant Planner
Liane Schuller, Planning Consultant
II. REQUEST FOR CONTINUANCES None. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF MAY 12, 2022
Action: Approved
IV. PUBLIC HEARING ITEMS ITEM NO. 2 Gray Residence Coastal Development Permit No. CD2022-008 (PA2022-020) Site Location: 415 North Star Lane Council District 3
Liane Schuller, Planning Consultant, provided a brief project description stating that the applicants have an
existing two-story home with an attached and a detached two-car garage. They request a Coastal Development Permit (CDP) to construct a 990-square-foot addition to the existing second story, add an elevator and convert
190 square feet of garage area to living area. A CDP is required because the additions exceed 10 percent of the existing floor area. The project conforms to all applicable development standards. The site fronts on
Newport Bay; therefore, a Coastal Hazards report was prepared which indicates the existing bulkhead is not in need of repair or replacement and can be raised to 14.4 feet in the future if needed. The project complies with
Local Coastal Plan (LCP) development standards. Staff recommends approval subject to the conditions in the draft resolution.
Architect Brandon Straus of Srour & Associates, on behalf of the Gordon and Kristen Gray, 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 asked for clarification on the height of the structure. Clarification was provided and the Zoning Administrator closed
the public hearing. Action: Approved as Amended ITEM NO. 3 Mitchell Residence Coastal Development Permit No. CD2022-010 (PA2022-027) Site Location: 2631 Waverly Drive Council District 2
Liane Schuller, Planning Consultant, provided a brief project description stating that the applicant requests a Coastal Development Permit (CDP) to demolish an existing single-family residence and construct a new two-story 4,147-square-foot single-family residence and attached three-car garage. The site is located in the R-1 zone and the design conforms to all applicable development standards including floor area and open volume
area. The site is an interior lot within the Bayshores community, is located more than 400 feet from the water
MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 05/26/2022
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and the proposed residence will have a finished floor elevation of 13.68 feet. Staff believes the necessary findings for public access can be made in support of the CDP. The project will replace an existing single-family residence with a new single-family residence that complies with all Local Coastal Plan (LCP) development
standards and is consistent with the existing neighborhood development pattern. The project qualifies for a Class 3 - California Environmental Quality Act (CEQA) exemption and staff is recommending approval subject to proposed conditions. Architect Brian Jowett of Brandon Architects, on behalf of the owners Tom and Kelly Mitchell, 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 MAAT Investments, LLC Residence Coastal Development Permit No. CD2021-054 (PA2021-214) Site Location: 62 Linda Isle Council District 5
Patrick Achis, Assistant Planner, provided a brief project description stating that the project is a coastal
development permit to allow the demolition of an existing single-family residence and the construction of a new two-story 6,937-square-foot residence with attached 649-square-foot, three-car garage. The proposed single-
family dwelling and accessory structures conform to all applicable development standards, including floor area limit, setbacks, height, and off-street parking. Once the bulkhead is reinforced in accordance with the project
plans, no repair or replacement of the bulkhead is anticipated within the next 75 years. The finish floor elevation of the proposed single-family residence is at a minimum elevation of 11.00 feet (NAVD88), which
complies with the minimum 9.00-foot (NAVD88) elevation standard. The project will not affect the public’s ability to gain access to, use, and/or view the coast and nearby recreational facilities. Given the distance of
the proposed development from the Public Viewpoint and Coastal View Roads, the intervening blocks of existing residential development, and the project’s compliance with all development standards, the project
will not be visible in the aforementioned locations. Mr. Achis made clarifications to Conditions of Approval Nos. 2 and 4.
Applicant Jim Carlson of JF Carlson Architects, 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. Seeing that no one from the public wished to comment, the public hearing was closed.
Action: Approved as Amended
ITEM NO. 5 Newport Harbor Lutheran Church Classrooms Site Development Review No. SD2022-002 and Coastal Development Permit No. CD2022-025 (PA2022-070) Site Location: 798 Dover Drive Council District 3
Patrick Achis, Assistant Planner, provided a brief project description stating that the project would authorize the permanent placement of temporary classrooms that were approved for a limited duration under Limited Term
Permit No. XP2011-003 (PA2011-100). The project is consistent with the vested rights outlined in Development Agreement No. 10, which is effective until July 23, 2022. A coastal development permit is also required as more than 10-percent of the existing permanent floor area would be added. The project complies with all applicable development standards. It is appropriately sized and placed and the classroom use would not not intensify
insofar as no additional students or teachers are proposed. The location of the modular classrooms is at a lower grade elevation than the adjacent residential lots. The Applicant proposes to add new architectural finishes to the classrooms and install new landscaping to further enhance the Project’s visual quality. Mr. Achis suggested clarifications to the Facts in Support of Findings.
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Applicant Kimberly Layne, on behalf of the Newport Harbor Lutheran Church, 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, spoke and observed that the last annual review for Development Agreement No. 10 was in 2019 and inquired why there has been no subsequent review of the Agreement in the years since. He further inquired about whether the original development was approved by the California
Coastal Commission. The Zoning Administrator closed the public hearing.
Mr. Achis responded to Mr. Mosher’s comment and clarified that there has been no development at the site under the Agreement since 2019. Development Agreement No. 10 expires on July 23, 2022, so no further
annual reviews need to be conducted. Mr. Achis explained the original development was approved by the California Coastal Commission and the proposed project includes a coastal development permit. Action: Approved as Amended
V. PUBLIC COMMENTS ON NON-AGENDA ITEMS
One member of the public, Jim Mosher commented that although meetings via zoom are efficient, meetings in person allow attendees to interact with each other differently.
VI. ADJOURNMENT The hearing was adjourned at 10:35 a.m.
The agenda for the Zoning Administrator Hearing was posted on May 19, 2022, at 5:15 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 19, 2022, at 5:00 p.m.
Jaime Murillo Zoning Administrator
From:Jim Mosher
To:CDD
Subject:Comment on ZA Item 1 (6/16/2022 meeting)
Date:June 15, 2022 10:50:41 AM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
To whom it may concern:
In the draft minutes being considered as Item 1 at the June 16, 2022, Newport Beach
Zoning Administrator meeting, on page 3, paragraph 3, the last sentence should read:
"He further inquired about whether the original development agreement was
approved by the California Coastal Commission."
The question I asked was about Development Agreement 10 from 1997, having noted
that prior to certification of the City's Local Coastal Program, a locally-granted
development agreement in the coastal zone had to be additionally approved by the
CCC to become effective.
It did not occur to me to ask the equally interesting question of whether the
development that was the subject of the hearing (classroom trailers) had beenoriginally sanctioned by a CDP granted by the CCC and whether the approval being
sought from the Zoning Administrator was consistent with conditions on future
amendments that might have been imposed by one.
Yours sincerely,
Jim Mosher
Zoning Administrator - June 16, 2022 Item No. 1a Additional Materials Received Draft Minutes of May 26, 2022