HomeMy WebLinkAbout01_10-26-2023_ZA_Minutes - DRAFT
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NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM THURSDAY, OCTOBER 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 Joselyn Perez, Associate Planner
Jenny Tran, Assistant Planner Melinda Whelan, Assistant Planner
Kelly Ribuffo, Consultant Planner II. REQUEST FOR CONTINUANCES None.
III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF OCTOBER 12, 2023 Action: Approved
IV. PUBLIC HEARING ITEMS ITEM NO. 2 Annual Review of North Newport Center Development Agreement (PA2023-0189) Site Location: Fashion Island; Block 100, Block 400, Block 500, Block 600, and Block 800 of Newport Center Drive; and San Joaquin Plaza Council District 5
Joselyn Perez, Associate Planner, provided a brief overview of the existing North Newport Center Development
Agreement (DA). She explained that the DA is between the City and Irvine Company, highlighted the properties included in the DA, and reviewed building permit and entitlement activity for the calendar year ending 2022.
She noted that only one building permit, a demolition permit for 1101 Newport Center Drive, resulted in a change to square footage. She concluded that the DA is being complied with in good faith and recommended
that the Zoning Administrator accept and file the Annual Report.
Applicant Pua Whitford of CAA Planning, on behalf of Irvine Company stated that she had nothing else to add to the annual report and thanked staff. Zoning Administrator Zdeba opened the public hearing. Seeing that no one from the public wished to comment,
the public hearing was closed. Action: The North Newport Center Zoning Implementation and Public Benefit Agreement Annual Report Year 2022 was received and filed, as submitted ITEM NO. 3 GuacAmigos Minor Use Permit (PA2023-0119) Site Location: 2607 West Coast Highway Council District 2
Kelly Ribuffo, Consultant Planner, provided a brief project description stating that the Minor Use Permit would remove late operating hours on Fridays, Saturdays, and holidays. In addition, it would allow live entertainment consisting of a DJ and/or pre-programed amplified music within the interior of the restaurant. She described the project location, zoning, surrounding land uses, site development history, and previous use permit
MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 10/26/2023
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approvals. She noted that the Newport Beach Police Department has reviewed the project and has no objection to the request, subject to appropriate conditions of approval which have been included in the draft resolution. Consultant Planner Ribuffo explained that while the business already operated with alcohol and
live entertainment, its nonconforming status meant it previously did not have an operator license, which would now be required. She also clarified that the Minor Use Permit would supersede Use Permit No’s. 3288 and 3627 but not Staff Approval No. SA2018-010. Consultant Planner Ribuffo stated that one public comment letter from Jim Mosher was received prior to the public hearing. In response, she clarified why new alcohol findings were being made as part of the current Use
Permit application and read into the record a new finding of fact, Finding C Fact 5, to be added to the draft resolution addressing potential noise nuisance from the proposed live entertainment use. Applicant Michael Kelly of Kelly Investment Group, on behalf of GuacAmigos, 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 questioned the accuracy of the legal description of the subject property in the draft resolution, and whether the more restrictive noise standards in Condition of Approval No. 12 were intended to supersede noise standards of Newport Beach Municipal Code Chapter 10.26.
Zoning Administrator Zdeba closed the public hearing. Zoning Administrator Zdeba clarified City noise ordinance and enforcement procedures. He also stated that given the operational characteristics of the business, it was unlikely that additional live entertainment would result in the business operating as a nightclub instead of a restaurant, and that Finding C Fact 5 would be added to the resolution of approval for the project. Action: Approved as amended ITEM NO. 4 Nibeel Residence Coastal Development Permit (PA2023-0111) Site Location: 206 Grand Canal Council District 5 Jenny Tran, Assistant Planner, provided a brief project description stating that the request is for a coastal development permit to allow the demolition of an existing duplex and construction of a new 2,614 square-foot three (3)-story single-unit dwelling, a 286 square-foot junior accessory dwelling unit (JADU), and an attached 441 square-foot two (2)-car garage. The project also includes landscaping, hardscaping, and site walls. The project complies with all applicable development standards and no deviations are requested. Assistant Planner Tran included that the property has a City owned bulkhead and a condition of approval has been included for the property owner to waive the rights to future protection devices and to acknowledge coastal hazards present on the site. Assistant Planner Tran also indicated that written comments were received prior to the hearing with concerns regarding the proposed design and she indicated that the design met all Zoning Code requirements and Local Coastal Plan requirements. Applicant Brittany Oakes 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. A member of the public, Jeremy Tiss, spoke and restated the written comments received in regard to concerns with the proposed design.
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Another member of the public, Jim Mosher, spoke to seek clarification on the owner occupancy requirement for the JADU that was included in the conditions of approval.
Zoning Administrator Zdeba closed the public hearing. Zoning Administrator Zdeba agreed that the proposed design meets all Zoning Code requirements and Local Coastal Plan requirements and recommended that Mr. Tiss and Ms. Oakes discuss the design together to further address the concerns.
Assistant Planner Tran also clarified that the JADU deed restriction does require the owner to occupy either the JADU or the primary residence. Action: Approved
ITEM NO. 5 Irwin Residence Coastal Development Permit (PA2023-0123) Site Location: 7 Beacon Bay Council District 5 Melinda Whelan, Assistant Planner, provided a brief project description stating that the request is for a coastal
development permit to allow the demolition of an existing single-unit residence and the construction of a new, three-story, 4,595-square-foot, 29-foot-tall single-unit residence including a 617-square-foot, 3-car
garage. The proposed development includes additional appurtenances such as walls, fences, patios, hardscape, drainage devices, and landscaping. Assistant Planner Whelan stated for the record that a public
comment had been received from Jim Mosher. Assistant Planner Whelan elaborated on the Variance from the 1950s that changed the regulations for this block of Beacon Bay along the waterside to allow covered
patios with glass on one side within the front water setback. The Variance runs with the land and a patio, designed to these regulations, is proposed with the new single-unit residence.
Applicant Ian Harrison, Architect, 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.
One member of the public, Jim Mosher, spoke and reiterated his concern about the validity of the Variance with the Local Coastal Program regulations.
Zoning Administrator Zdeba closed the public hearing.
Zoning Administrator Zdeba explained that it was common practice in the 1950s to use the Variance process
to codify new regulations and hence was the case with the Variance that added regulations for patios within the front setbacks for all these properties in Beacon Bay on the waterside. The existing and recently approved
single-unit dwellings use these regulations for the design of patio encroachments based on the existing Variance that runs with the land for several properties along the water. One as recent as 2019 was approved
and designed in accordance with the Variance. Zoning Administrator Zdeba directed staff to revise the Resolution, for Finding A to add Fact in Support of Finding 1.e. that would explain the unique development standards approved in 1957 by Variance No. 342 and
that the proposed patio with the new single-unit residence incorporates the allowed encroachment.
Action: Approved as amended V. PUBLIC COMMENTS ON NON-AGENDA ITEMS None.
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VI. ADJOURNMENT
The hearing was adjourned at 10:42 a.m. The agenda for the Zoning Administrator Hearing was posted on October 19, 2023, at 10:30 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 October 19, 2023, at 10:24 a.m.
Benjamin M. Zdeba, AICP Zoning Administrator