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NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM THURSDAY, JANUARY 26, 2023
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 M. Zdeba, AICP, Zoning Administrator Chelsea Crager, Senior Planner
Jenny Tran, Assistant Planner Melinda Whelan, Assistant Planner
Liane Schuller, Planning Consultant II. REQUEST FOR CONTINUANCES Jenny Tran, Assistant Planner, reported that the applicant for Item Number 2 requested the matter be continued
to the March 2, 2023, Zoning Administrator meeting. Zoning Administrator Zdeba acknowledged the request. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF DECEMBER 15, 2022
Action: Approved
IV. PUBLIC HEARING ITEMS ITEM NO. 2 Aeronutronic Ford Soil Vapor Remediation Limited Term Permit (PA2022-0180) Site Location: 94 Hartford Drive Council District 4
Zoning Administrator Zdeba opened the public hearing to indicate the matter would not be considered at this
time and that it would instead be heard at the regular meeting on March 2, 2023. He stated there would be no new public hearing notices distributed since the matter is being continued to a specific future date. Zoning
Administrator Zdeba closed the public hearing and continued the item. Action: Continued to the March 2, 2023, Zoning Administrator Meeting
ITEM NO. 3 LA21G, LLC Residential Condominiums Tentative Parcel Map and Coastal Development Permit (PA2022-0234) Site Location: 603 Acacia Avenue Council District 6
Jenny Tran, Assistant Planner, provided a brief project description stating that the project is for a tentative
parcel map and coastal development permit for condominium purposes. The project is to demolish a single-family residence and construct a duplex and allow the two units to be sold individually. It was noted that the public notice referenced an existing duplex to be demolished but the staff has confirmed that the existing structure is a single-family residence. Park fees have been applied to the project. The project complies with all
development standards of Title 20 and Title 21.
Assistant Planner Tran also noted that condition 4 of the Conditions of Approval has been revised for clarity but does not change the overall condition. Stacy Straus of SROUR & Associates stated that she had reviewed the draft resolution and agrees with all the
required conditions as well as fees associated with the project.
MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 01/26/2023
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Zoning Administrator Zdeba asked for clarification regarding assessed Fair Share fees due to the increase in density and Assistant Planner Tran confirmed that Fair Share fees have also been assessed for the project.
An additional Condition of Approval will be added regarding the Fair Share fee. Zoning Administrator Zdeba opened the public hearing. One member of the public, Jim Mosher, spoke and stated that lobbyists are to be registered with the City Clerk. He also noted that the Vicinity Map on the Staff Report does not show the adjacent streets to the property and
the Vicinity Map shown on the Tentative Parcel Map shows the location indicator in the incorrect location. Zoning Administrator Zdeba closed the public hearing.
Assistant Planner Tran added that the location on the Vicinity Map will be checked and errors in location will be corrected. Stacy Straus agreed to correct any errors on the Vicinity Map.
Action: Approved as Amended ITEM NO. 4 Villas Terra d’Sole, LLC Residential Condominiums Tentative Parcel Map (PA2022- 0215) Site Location: 1511 and 1513 Cliff Drive Council District 2
Zoning Administrator Zdeba noted that the project did not include a coastal development permit. He did not request a staff presentation.
Applicant Juan Batista stated that he had reviewed the draft resolution and agrees with all the required
conditions.
Zoning Administrator Zdeba opened the public hearing. Seeing that no one from the public wished to comment, the public hearing was closed.
Action: Approved
ITEM NO. 5 Winkle Residence Coastal Development Permit (PA2022-121) Site Location: 2130 Santiago Drive Council District 3
Chelsea Crager, Senior Planner, provided a brief project description stating that the project is for a coastal
development permit for the demolition of an existing single-family residence and the construction of a new single-family residence. The project is located within the Bluff Overlay. The project complies with all
development standards and no deviations are requested. A biological assessment was completed as a part of the application which concluded that impacts on resources would be less than significant with recommended
conditions of approval. The biological assessment identified unpermitted accessory structures and plantings beyond the private property line into the bluff area. The project is conditioned to remove these encroachments and restore the bluff, including obtaining any relevant permits. There is a bluff access trail along Irvine Avenue that ends adjacent to the site and the proposed development does not impact this access. The public notice
for the project was mailed to property owners and residential occupants within 300 feet of the project site.
Senior Planner Crager suggested the following edits to the draft resolution: 1) Amend the title of the resolution to include demolition of the existing residence, 2) Add to the CEQA section that all proposed improvements are within private property and encroachments are conditioned to be removed, 3) Amend Number 5 of Section 1 to include the year 2023, 4) Remove the extra word “to” in Fact 1e in Support of Finding A, and 5) Add additional
Fact in Support of Finding B noting that the bluff access trail along Irvine Avenue immediately abuts the property and the development will not affect existing access opportunities.
MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 01/26/2023
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Applicant Ozzie Almendarez and Property Owner Jake Winkle stated that they had reviewed the draft resolution and agree with all the required conditions.
Zoning Administrator Zdeba opened the public hearing. One member of the public, Jim Mosher, spoke and stated that was aware that there had been a prior dispute over ownership of the property. He was surprised that the bluff was not considered subject to marine erosion as it historically had been subject to marine erosion. The staff report incorrectly identified Mariners Drive as a front setback where it should be Santiago Drive. Facts in Support of Finding B in the draft resolution are
repetitive. The condition of approval related to swimming pools includes an extra “and.” He was pleased to see the condition of approval related to bird strike railings. Irvine Avenue is a designated Coastal View Road. Zoning Administrator Zdeba closed the public hearing.
Senior Planner Crager confirmed that the bluff in this area is not subject to marine erosion. The extra word in
the conditions of approval and duplicated facts will be removed. Irvine Avenue will be added to the resolution as a designated Coastal View Road. Zoning Administrator Zdeba noted that the unpermitted encroachments in the bluff area extend beyond the
subject property and the adjacent property at 2124 Santiago Drive. He asked if the Applicant would be willing to accept a modification to Conditions of Approval number 8 to require the removal of the encroachments in
their entirety. Mr. Winkle stated that he agrees with the amended condition of approval.
Action: Approved as Amended ITEM NO. 6 925 Via Lido Soud, LLC Residence Lot Merger, and Coastal Development Permit (PA2022-0204) Site Location: 921 and 925 Via Lido Soud Council District 1
Liane Schuller, Planning Consultant, provided a brief project description stating that the project includes a lot merger to combine two adjacent parcels under common ownership and a coastal development permit to
demolish two existing single-family residences and construct a new single-family residences and accessory dwelling unit. The corrected lot size will be just over 9,000 square feet in size and the resolution will be revised
to reflect this. The proposed lot merger complies with all applicable standards and the required findings of approval and facts in support of the findings are summarized on handwritten pages 12 to 15 of the
resolution.
The applicant requests a coastal development permit to construct a new two-story single-family residence with an attached accessory dwelling unit. The design meets or exceeds all applicable development
standards, as summarized in Table 1 of the staff report, on handwritten page 4. As noted in the staff report, the City has obtained a determination/confirmation from the State Department of Housing and Community
Development (HCD) that the replacement of single-family residences with accessory dwelling units complies with housing density standards and does not result in a loss of residential density. The project site is located on the waterfront and a coastal hazards report has been prepared for the project,
assessing sea level rise and related coastal hazard concerns. The report concludes that based on proposed site improvements, the new development will remain reasonably safe from coastal hazards for the next 75
years, which is the yardstick by which coastal hazards are evaluated for new development. The lot located at 921 Via Lido Soud is currently protected by a bulkhead, which will be reinforced in conjunction with the project. The applicant has obtained approval to construct a new bulkhead to protect the lot at 925 Via Lido Soud. This will be permitted and constructed in conjunction with the overall project, to protect the project
site. The project complies with all applicable LCP development standards and does not include any features that would degrade the visual quality of the coastal zone or public access to coastal resources. Vertical and
MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 01/26/2023
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lateral access to the bay exists throughout Lido Isle and the proposed R-1 development on private property does not interfere with existing public access.
The project qualifies for a Class 3 CEQA exemption, which is typical for this type of development, and a Class 15 exemption for the minor land division. Approval of the project is recommended, subject to the conditions of approval in the draft resolution. Minor language revisions are proposed to conditions of approval 13 through 18. The applicant’s legal counsel, Sherman Stacey, on behalf of the property owner, stated that the had reviewed
the draft resolution and agree with all the required conditions, including the revised language. They would like additional language clarifying that the smaller existing residence has traditionally been used as a guest house. Zoning Administrator Zdeba opened the public hearing.
One member of the public Jim Mosher spoke and stated that the vicinity map should be corrected to reflect
both adjacent lots. Zoning Administrator Zdeba closed the public hearing. He supported the additional language referenced by Mr. Stacey.
Action: Approved as Amended
ITEM NO. 7 Jankiewicz Residence Coastal Development Permit (PA2022-0155) Site Location: 316 and 316 ½ Grand Canal Council District 5
Melinda Whelan, Assistant Planner, provided a brief project description stating that a coastal development
permit (CDP) to allow the demolition of an existing nonconforming duplex and the construction of a new three (3)-story, 2,626-square-foot, single-unit residence including a 242-square-foot attached junior
accessory dwelling unit (JADU). The proposed development includes an attached 436-square-foot-two (2)-car garage.
As noted in the staff report, the City has obtained a determination/confirmation from the State Department
of Housing and Community Development (HCD) that the replacement of residences with accessory dwelling units complies with housing density standards and does not result in a loss of residential density.
The project complies with all applicable development standards and no deviations are requested. The
project includes hardscape, walls, landscaping, and drainage facilities. Mrs. Whelan also addressed typographical errors in the resolution for the record.
Applicant Nate Nicodemus of Christian Rice Architects, on behalf of the Owner, stated that he had reviewed
the draft resolution and agrees with all the required conditions.
Zoning Administrator Zdeba opened the public hearing. Seeing that no one from the public wished to comment, the public hearing was closed. Action: Approved as Amended
V. PUBLIC COMMENTS ON NON-AGENDA ITEMS One member of the public, Jim Mosher, spoke and congratulated Ben Zdeba on his appointment as Zoning
Administrator. He expressed that it would be helpful if the city could provide more information on the Zoning Administrator’s webpage, including who the Zoning Administrator is and how that person is appointed. Lastly, he mentioned there were lobbyists in the meeting that did not identify themselves or register with the City Clerk’s office. He encouraged the city to notify applicants of this requirement to help ensure compliance.
MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 01/26/2023
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VI. ADJOURNMENT The hearing was adjourned at 10:57 a.m.
The agenda for the Zoning Administrator Hearing was posted on January 20, 2023, at 10:00 a.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 January 20, 2023, at 9:50 a.m.
Benjamin M. Zdeba, AICP
Zoning Administrator