HomeMy WebLinkAbout01_11-23-2022_ZA_Minutes - DRAFT
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NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM WEDNESDAY, NOVEMBER 23, 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): Benjamin Zdeba, Zoning Administrator Liz Westmoreland, Senior Planner
David Lee, Associate Planner Jenny Tran, Assistant Planner Melinda Whelan, Assistant Planner Caitlyn Curley, Planning Technician
Catalina Ferguson, Planning Intern
II. REQUEST FOR CONTINUANCES None.
III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF NOVEMBER 10, 2022 Action: Approved as Amended
IV. PUBLIC HEARING ITEMS ITEM NO. 2 LA21G, LLC Residential Condominiums Tentative Parcel Map (PA2022-0220) Site Location: 708 and 708 ½ Larkspur Avenue Council District 6
Jenny Tran, Assistant Planner, provided a brief project description stating that the request is for a tentative parcel map for residential condominium purposes. The project complies with all applicable development
standards and includes conditions for public improvements outlined in the Conditions of Approval. Ms. Tran also noted an update to the language of Condition Nos. 1 and 2 for clarity on timing.
Applicant Thomas E. Decker of Forkert Engineering & Surveying, Inc. was not present. However, Keli Burton of Thomas James Homes and Stacy Straus of Srour & Associates were present on behalf of the applicant.
They stated that the applicant had reviewed the draft resolution and agrees with all 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. 3 424 Orchid LLC Residential Condominiums Tentative Parcel Map (PA2022-0226) Site Location: 424 and 424 ½ Orchid Avenue Council District 6 Liz Westmoreland, Senior Planner, provided a brief project description stating that the request is for a tentative parcel map for residential condominium purposes. A duplex is currently in construction and would be built to condominium standards.
MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 11/23/2022
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Ms. Westmoreland also noted an update to the language of Condition No. 8 for clarity on timing. Conditions 20, 21, and 22 were added on the behalf of Fire and Building departments.
Applicant Matthew Watson of Watson Legal Group, on behalf of the owner, was not present. Before the meeting, he reviewed the draft resolution and agreed to all 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. 4 Clearwater Temporary Sales Trailer Limited Term Permit (PA2022-0210) Site Location: 2424 Bristol Street Council District 3 David Lee, Associate Planner, provided a brief project description stating that the request is for a temporary trailer for pre-leasing activities for the adjacent Clearwater Senior Living project. The trailer is proposed for a
one-year term. Mr. Lee discussed the operational characteristics, including hours of operation and parking. Mr. Lee requested to amend Fact 2 of Finding E to indicate that the project site is located in the Santa Ana Heights
Specific Plan. Additionally, Mr. Lee requested that Condition 10 be amended to remove the requirement for approval from the Orange County Health Department before the issuance of a building permit.
Applicant Roger Bernstein of Oppidan Development, on behalf of the Owner, stated that he/she had reviewed
the draft resolution and agrees with all of the required conditions. The Zoning Administrator confirmed with Mr. Bernstein that there was no lighting proposed facing the residence to the south. Additionally, the Zoning
Administrator asked Mr. Bernstein how the trailer would be powered. Mr. Bernstein stated that there will be a quiet temporary line from the transporter located on the adjacent property.
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 Canada Residence Coastal Development Permit (PA2022-0194) Site Location: 117 G Street Council District 1
Melinda Whelan, Assistant Planner, provided a brief project description stating that the request was for a coastal development permit (CDP) to allow the demolition of an existing single-family residence and the
construction of a new three (3)-story, 2,924-square-foot, single-unit residence including an attached 436-square-foot two-(2)-car garage. The project complies with all applicable development standards and no deviations are requested. The project includes hardscape, walls, landscaping, and drainage facilities.
Applicant Bill Guidero, Architect, on behalf of the owner, stated that he had reviewed the draft resolution and agrees with all the required conditions.
The Zoning Administrator opened the public hearing. One member of the public, Richard Harlow of 125 G Street, spoke and expressed concern that the second-floor ocean view from his home would be blocked by the new development.
The Zoning Administrator closed the public hearing.
The Zoning Administrator confirmed with Ms. Whelan that the rear setback will be conforming with the 10-foot requirement, removing the existing nonconforming encroachment into the rear setback. Additionally, the proposed structure does not maximize the allowed square footage limitations of the Zoning Code. The Zoning Administrator confirmed with the applicant that there will be decks on the second level. The Zoning
MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 11/23/2022
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Administrator clarified that the City does not have regulations in place to protect private views. But with the proposed setbacks, the design and open space both meet the Zoning Code's requirements.
Action: Approved ITEM NO. 6 Lugano Prive, LLC Minor Use Permit (PA2022-0157) Site Location: 545 Newport Center Drive Council District 5 Caitlyn Curley, Planning Technician, provided a brief project description stating that the applicant proposes a
private membership dining establishment, which will be open only to members and their guests, with the sale of to-go food and wine boxes as an accessory use. Special events with live entertainment were proposed up
to five times a month. The application includes a proposal to operate a Type 57 (Special On-Sale, General) and Type 20 (Off-Sale, Beer and Wine) Alcoholic Beverage Control (ABC) License. Ms. Curley also stated that the live entertainment will be comprised of small orchestras and jazz bands, public speakers, and other upscale performances. Further, since alcohol use in conjunction is live entertainment is proposed, an operator’s license,
issued by the Police Department, will be required.
Applicant Michael Cho, on behalf of Lugano Diamonds, stated that he had reviewed the draft resolution and agrees with all of the required conditions. Mr. Cho also requested that dancing be permitted during special
events as part of live entertainment.
The Zoning Administrator opened the public hearing. Seeing that no one from the public wished to comment, the public hearing was closed.
The Zoning Administrator noted four changes to the draft resolution. Namely, the removal of a duplicate
condition, the clarification of Condition of Approval No. 45, an additional condition of approval (recommended Condition of Approval No. 7 from the Police Department memo), and, after confirming that the Police
Department did not recommend any prohibition on dancing, a revision to Condition of Approval No. 9 to clarify the allowance of dancing in conjunction with live entertainment during special events, up to five times a month.
Action: Approved as Amended
V. PUBLIC COMMENTS ON NON-AGENDA ITEMS
None. VI. ADJOURNMENT The hearing was adjourned at 10:35 a.m.
The agenda for the Zoning Administrator Hearing was posted on November 18, 2022, 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 November 18, 2022, at 2:30 p.m.
Jaime Murillo Zoning Administrator
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From:Zdeba, Benjamin
Sent:December 06, 2022 5:31 PM
To:Murillo, Jaime
Subject:Zoning Administrator Minutes of November 23, 2022
Hi Jaime,
I reviewed the draft meeting minutes for the Zoning Administrator hearing taking place on November 23,
2022, during which I served as Zoning Administrator. They are an accurate representation of the meeting
and I recommend your approval at the December 15, 2022 meeting.
Thanks,
Ben Z.
BENJAMIN M. ZDEBA, AICP
Community Development Department
Principal Planner
bzdeba@newportbeachca.gov
949-644-3253
CITY OF NEWPORT BEACH
100 Civic Center Drive, Newport Beach, California 92660 | newportbeachca.gov
Zoning Administrator - December 15, 2022 Item No. 1a Additional Materials Received Draft Minutes of November 23, 2022
From:Jim Mosher
To:CDD
Cc:Murillo, Jaime
Subject:Comment on ZA Item 1
Date:December 15, 2022 7:04:16 AM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
On page 2 of 3, Item 4, last sentence of paragraph 2, in reference to electrical power
supply, "quiet temporary line from the transporter located on the adjacent property"
does not sound right.
I might guess "transporter" was "transformer."
But I am unable to guess what "quiet" was.
-- Jim Mosher
Zoning Administrator - December 15, 2022 Item No. 1b Additional Materials Received After Deadline Draft Minutes of November 23, 2022