HomeMy WebLinkAbout01_02-16-2023_ZA_Minutes - DRAFT
Page 1 of 3
NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM THURSDAY, FEBRUARY 16, 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 Afshin Atapour, Assistant Planner
Jenny Tran, Assistant Planner Liane Schuller, Planning Consultant
II. REQUEST FOR CONTINUANCES
None. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF JANUARY 26, 2023
Action: Approved
IV. PUBLIC HEARING ITEMS ITEM NO. 2 SCF - 4440 VKA, LLC Condominium Conversion and Tentative Parcel Map (PA2022- 0195) Site Location: 4440 Von Karman Avenue Council District 3
Afshin Atapour, Assistant Planner, provided a brief project description stating that the project is a condominium conversion in conjunction with a tentative parcel map for nonresidential condominium purposes. The purpose
of the Tentative Parcel Map is to create separate ownership units that will allow the sale of commercial space within an existing three-story office building. The application includes a request to waive the requirement that
each unit within the building maintains separate water meters, water connections, and sewer connections.
Afshin also stated there were a few minor revisions to the Draft Resolution, which he explained.
Zoning Administrator Zdeba restated the revisions to the Draft Resolution, as well as added conditions of approval in reference to correcting all minor safety violations identified in the condominium conversion inspection report and that the applicant provide evidence that the Irvine Ranch Water District has reviewed the project.
Applicant Tom Bitney of Shopoff Realty Investments, Inc., on behalf of SCF - 4440 VKA, LLC, stated that he
had reviewed the draft resolution and agrees with all the required conditions. Zoning Administrator Zdeba opened the public hearing.
One member of the public, Jim Mosher, spoke and stated that he had a technical question regarding the CEQA exemptions in the number of parcels being created, which staff clarified. Zoning Administrator Zdeba stated
that the project is also exempt from CEQA under Class 1 (Existing Facilities) and advised staff to modify the resolution to include the additional Exemption. Zoning Administrator Zdeba closed the public hearing.
MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 02/16/2023
Page 2 of 3
Action: Approved as amended ITEM NO. 3 Gates Residence Coastal Development Permit (PA2022-0222) Site Location: 748 Via Lido Nord Council District 1 Liane Schuller, Planning Consultant, provided a brief project description stating that the project is a coastal development permit to demolish an existing single-family residence and construct a new single-family residence less than 4,000 square feet in size with an attached 2-car garage. The site is protected by an existing bulkhead which will be reinforced and capped to meet current coastal hazard protection standards.
Table 1 on page 2 of the staff report demonstrated the projects compliance with applicable development standards, including setbacks, floor area and height. The proposed finished first floor elevation is 12.47 feet, which exceeds the minimum 9-foot elevation standard. The coastal hazards report prepared for the project concludes that the development will be safe from coastal flooding hazards for the anticipated economic life of the project.
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. As outlined in the staff report, vertical and 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 R-1 development. Approval of the project is recommended, subject to the conditions of approval in the draft resolution. Applicant Elizabeth Hanna of Brandon Architects, on behalf of the owner, stated that she 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. 4 2252 Mesa Drive, LLC Residence Coastal Development Permit (PA2022-0237) Site Location: 2252 Mesa Drive Council District 3
Jenny Tran, Assistant Planner, provided a brief project description stating that the project is for a coastal
development permit to demolish an existing office, guest unit, and garage. Additionally, the lower level of an existing single-family residence is being converted to a 1,151-square-foot accessory dwelling unit (ADU). The
project also includes landscaping where the existing office, guest unit, and garage are to be demolished.
The demolition of the guest unit and proposal of the ADU will result in no net change in the number of dwelling units on the site and is compliant with SB330. Assistant Planner Tran also indicated that the project consists of
a conversion of existing space and no new square footage is being proposed. A deed restriction for the ADU has been recorded in compliance with ADU regulations and the project is conditioned to submit a final
landscape plan for approval.
Assistant Planner Tran noted that the title of the project plans indicates a “Nature Restoration Project” and was made clear that no natural habitat or sensitive habitat is impacted as part of the project and the title is in
reference to the new landscaping that is being proposed. Applicant Phil Edmondson of Pacific Coast Architects, on behalf of the Owner, stated that he had reviewed the draft resolution and agrees with all the required conditions.
Zoning Administrator Zdeba added an additional fact in support of finding “A” discussing compliance with the
Housing Crisis Act will be added to clarify that the ADU is to replace the guest unit that is being demolished.
MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 02/16/2023
Page 3 of 3
Zoning Administrator Zdeba opened the public hearing.
One member of the public, Jim Mosher, spoke and stated that he was seeking clarity regarding the lot coverage of the property due to the title of the project plans as well as the new barn being added to the property. Mr. Mosher also stated that the fact in support of finding regarding vertical and lateral access did not indicate the approximate distance to Bayview Trail from the property.
Zoning Administrator Zdeba added that the property is not subject to a lot coverage limitation or maximum floor area coverage. He also added that the limited scope of the project does not require additional access adjacent to or through the property to the Upper Newport Bay area and advised staff to update the resolution to clarify as such.
Zoning Administrator Zdeba closed the public hearing.
Action: Approved as amended V. PUBLIC COMMENTS ON NON-AGENDA ITEMS
None.
VI. ADJOURNMENT The hearing was adjourned at 10:26 a.m.
The agenda for the Zoning Administrator Hearing was posted on February 9, 2023, at 3:00 p.m. on the digital display board inside the vestibule of the Council Chambers at 100 Civic Center Drive and on the City’s website on February 10, 2023, at 3:30 p.m.
Benjamin M. Zdeba, AICP Zoning Administrator