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NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM THURSDAY, MAY 11, 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 Joselyn Perez, Associate Planner
Oscar Orozco, Assistant Planner Melinda Whelan, Assistant Planner
Liane Schuller, Planning Consultant II. REQUEST FOR CONTINUANCES None.
III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF APRIL 27, 2023 Action: Approved
IV. PUBLIC HEARING ITEMS ITEM NO. 2 Jacob Residence Coastal Development Permit (PA2022-0262) Site Location: 213 and 215 East Edgewater Avenue 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 duplex and construct a new single-family unit and junior
accessory dwelling unit with an attached 2-car garage. The project was continued from the Zoning Administrator hearing of April 27, 2023, to allow the applicant to modify the floorplans as desired. The
project site is in the R-1 residential zone which allows for single-unit residential development. The existing development is a nonconforming duplex, which will be removed and replaced with a development that
conforms to the R-1 zone.
Table 1 on handwritten page 3 of the staff report summarizes the project’s compliance with applicable development standards, including setbacks, floor area, height and parking. The finished floor elevation is 9.00 feet NAVD88, which complies with the minimum standard. The site is
protected by an existing City-owned bulkhead that will remain in place. Since the bulkhead is lower than current standards and cannot be raised by the project owner, the coastal hazards report prepared for the
project recommends that new construction be waterproofed. In keeping with current City standards, the project approval is conditioned to include a waterproofing curb constructed to a minimum elevation of 10.9 feet NAVD88.
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 restrict public access to coastal resources. Public
coastal access is available along the Edgewater Avenue boardwalk which provides views of Newport Harbor along the front of the project site. Vertical access to the boardwalk is available near the site along Coronado Street and Alvarado Place.
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Ms. Schuller had two corrections to the staff report. The oblique aerial view of the property on handwritten page 2 of the staff report should show the property as the second one from the corner. Also, Table 1 on handwritten page 3 includes a footnote intended to clarify standards related to elevator height. The footnote
should reference code section 20.30.060(D)(6) rather than (D)(3). 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
ITEM NO. 3 895 Dove Comprehensive Sign Program Amendment and Modification Permit (PA2022-0273) Site Location: 895 Dove Street Council District 3
Melinda Whelan, Assistant Planner, provided a brief project description stating that the request is for an amendment to an existing sign program for a multi-tenant office building in Newport Place. The proposed update to the sign program includes an increase in the number of identification monument signs in addition to the existing allowed wall signs, eyebrow signs, and renovation of the existing tenant identification monument sign. The proposed monument signs require the approval of a modification permit to exceed the height limit by more than 20 percent for monument signs within the Newport Place Planned Community. If
approved, this comprehensive sign program and modification permit would supersede Modification Permit No. 5025. Mrs. Whelan corrected a typographical error to an incorrect Code Section in the Sign Matrix. Applicant Sean Baldwin, of The New Sign Standard, 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. He modified the maximum allowed letter height in the Sign Matrix to state “13.5 inches” instead of “13.2 inches” to provide for additional flexibility. Action: Approved as amended
ITEM NO. 4 Chhatrisa Residence Coastal Development Permit (PA2022-0261) Site Location: 1233 Blue Gum Lane Council District 3
Oscar Orozco, Assistant Planner, provided a brief project description stating that the project is for a coastal development permit to construct a 1,000-square-foot, 2-bedroom accessory dwelling unit above an existing 2-car garage. The project also includes a 229-square-foot addition to the existing 487-square-foot garage as well as an interior remodel to the existing 2,551-square-foot dwelling unit. Additional components of the project
include site walls, a trash enclosure and an exterior staircase. The project site is in the PC22 Westcliff Grove Zoning District and Coastal Zoning district, as well as being in the single unit residential detached General Plan
Land Use category and Coastal Land Use Plan category. Mr. Orozco added that the project complies with all development standards including lot coverage, setbacks, height, and off-street parking. No deviations from the Newport Beach Municipal Code are requested.
The finished floor elevation is 84.54 feet NAVD88, which complies with the minimum standard.
In addition, Mr. Orozco stated that vertical and lateral access to Upper Newport Bay is available adjacent
to the site along the Castaways Park trail system. Access to the trail is located approximately 50-feet west of the property. The proposals of the project are within private property and do not include any features that
would obstruct access to these routes. The nearest coastal viewpoint is along the Castaways Park trail and is not visible from the site. The proposed accessory dwelling unit complies with all applicable Local Coastal
Program development standards and maintains a building envelope consistent with the existing
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neighborhood pattern of development. Additionally, the project does not contain any unique features that could degrade the visual quality of the coastal zone.
Mr. Orozco noted that the project is categorically exempt under the requirements of CEQA pursuant to Section 15303 under Class 3. A correction and an addition were made to the draft resolution. On handwritten page 9, fact 3 in response to finding “A” was removed due to it being covered by fact 6. Staff requested to add a condition of approval to ensure a deed restriction be recorded with the County Recorder’s Office prior to the issuance of building
permits. Lastly, Mr. Orozco noted that a letter of correspondence was received expressing concern with the proposed ADU for parking, ownership occupancy, and work without permits. In response to the letter of
concern, the proposed accessory dwelling unit complies with all development standards including the off-street parking requirements. The NBMC exempts ADU projects that are located within half a mile walking
distance to a transit stop from providing the one required parking space. The project site is within a quarter of a mile of the Dover-Castaways bus stop and is in compliance with the exception. However, the site does provide off-street parking for the ADU located on the driveway. Regarding owner occupancy, the NBMC does not require attached ADUs be owner occupied; however, a deed restriction is required to be recorded
prohibiting short-term lodging, with rental leases having a minimum one-month duration. Lastly, regarding work without permit, the applicant is currently in plan check and has applied to obtain the appropriate
building permits for the project.
Applicant Jason Blackmore, on behalf of the Iris S. Chhatrisa Trust, stated that he had reviewed the draft resolution and agrees with all the required conditions.
Zoning Administrator Zdeba opened the public hearing.
Lisa Khudic attempted to provide public comment, however, due to technical difficulties, was unable to do so.
Zoning Administrator Zdeba closed the public hearing.
Zoning Administrator Zdeba indicated that he read the letter of correspondence that was received and agreed
with the summary that was provided by staff. He also added that state ADU law is a statutory minimum requirement, and the City cannot prohibit or hinder ADU development. Local governments can only elect to go
above and beyond the statutory minimum so there are no grounds for denial when an ADU complies with all standard requirements identified in the municipal code. It was also noted that there should be no construction
happening on site until a building permit is issued. If there are any members of the public who are concerned, they are directed to call the City’s code enforcement division.
Action: Approved as amended
ITEM NO. 5 Antepara Residence Coastal Development Permit (PA2022-0290) Site Location: 604 Via Lido Nord Council District 1 Joselyn Perez, Associate Planner, provided a brief project description stating that the project requires a coastal
development permit to demolish an existing single-unit dwelling and construct a new 3,168-square-foot, two (2)-story single-unit dwelling with an attached 510-square-foot, two (2)-car garage. Ms. Perez stated that the
proposed dwelling is consistent with the zoning of the project site, the General Plan land use designation, and all development standards. She described the existing bulkhead at the site and its current function as protection against coastal hazards. It was stated that the bulkhead would need to be raised and reinforced in order to protect the proposed dwelling from future coastal hazards. Lastly, Ms. Perez described nearby coastal access
and coastal resources and concluded that the proposed project has no features that would negatively affect access to the coast or degrade the quality of the coastal zone. Ms. Perez recommended approval of the project and concluded her presentation.
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Applicant Kennedy Year, of Brandon Architects, 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
V. PUBLIC COMMENTS ON NON-AGENDA ITEMS None.
VI. ADJOURNMENT The hearing was adjourned at 10:33 a.m.
The agenda for the Zoning Administrator Hearing was posted on May 4, 2023, at 4:15 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 4, 2023, at 4:08 p.m.
Benjamin M. Zdeba, AICP Zoning Administrator