HomeMy WebLinkAbout00_AgendaCITY OF NEWPORT BEACH
ZONING ADMINISTRATOR AGENDA
ZOOM
Thursday, February 15, 2024 - 10:00 AM
Zoning Administrator Members:
Benjamin M. Zdeba, AICP, Zoning Administrator
The City of Newport Beach will conduct the Zoning Administrator meeting via Zoom. As a member of the public, if you
would like to participate in this meeting, you can participate via the following options:
1.You can connect with a computer by joining through Zoom. Click the link below to register for the meeting using a
valid email address. You will receive a confirmation email allowing you to join the meeting: :
https://us06web.zoom.us/webinar/register/WN_p8tYNnUPSRm7s9BXRmfy6Q
2.You may connect by Telephone/Audio Only by calling: 669-900-9128. The webinar ID is 828 4444 9959#.
3.Attendees must "raise their hand" if they would like to speak during Public Comments. If attending by phone, press
*9.
The agenda will be posted at least seventy-two (72) hours in advance of each regular meeting and the public will be
allowed to comment on agenda items before the Zoning Administrator, as well as items not on the agenda but are
within the subject matter jurisdiction of the Zoning Administrator. The Zoning Administrator may limit public comments
to a reasonable amount of time, generally three (3) minutes per person.
T h e a g e n d a s , m i n u t e s , a n d s t a f f r e p o r t s a r e a v a i l a b l e o n t h e C i t y ' s w e b s i t e a t :
www.newportbeachca.gov/zoningadministrator and for public inspection in the Community Development Department,
Planning Division located at 100 Civic Center Drive, during normal business hours. If you have any questions or require
copies of any of the staff reports or other documentation, please contact the Community Development Department,
Planning Division staff at 949-644-3200.
Please Note: All mail or written communications (including email) from the public, residents, or applicants regarding an
agenda item must be submitted by 12:00 p.m. on the business day immediately prior to the meeting. This allows time for
the Zoning Administrator to adequately consider the submitted correspondence. Comments can be emailed to
CDD@newportbeachca.gov, and all emails will be made part of the record.
The City of Newport Beach’s goal is to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an
attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, we will
attempt to accommodate you in every reasonable manner. Please contact Benjamin M. Zdeba, AICP, Zoning
Administrator, at least forty-eight (48) hours prior to the meeting to inform us of your needs and to determine if
accommodation is feasible at 949-644-3253 or bzdeba@newportbeachca.gov.
If in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be
conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public
hearing or in written correspondence received by the City at or before the hearing.
APPEAL PERIOD: An appeal may be filed with the Director of Community Development or City Clerk, as applicable, within
fourteen (14) days following the date the action or decision was rendered unless a different period of time is specified
by the Municipal Code (e.g., Title 19 allows ten (10) day appeal period for tentative parcel and tract maps, lot line
adjustments, or lot mergers). For additional information on filing an appeal, contact the Planning Division at 949-644-3200.
I.CALL MEETING TO ORDER
II.REQUEST FOR CONTINUANCES
III.APPROVAL OF MINUTES
Draft Minutes of January 25, 20241.
Recommended Action
1.Approve and File
February 15, 2024
Page 2
Zoning Administrator Meeting
Draft Minutes of February 1, 20242.
Recommended Action
1.Approve and File
IV.PUBLIC HEARING ITEM(S)
Hohberg Residential Condominiums Tentative Parcel Map and Coastal
Development Permit (PA2023-0117)
Site Location: 407 and 407 ½ Heliotrope Avenue
3.
Project Summary
A tentative parcel map and coastal development permit for condominium purposes .
The property owner proposes to demolish an existing residential duplex and
construct a new two-unit residential condominium building. No waivers of Title 19
(Subdivisions) are proposed for this project. A coastal development permit (CDP) is
required because the project site is located within the coastal zone.
Recommended Action
1.Conduct a public hearing;
2.Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15315 under Class 15 (Minor Land Divisions) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3,
because it has no potential to have a significant effect on the environment; and
3.Adopt Draft Zoning Administrator Resolution No. _ approving the Tentative
Parcel Map and Coastal Development Permit (Attachment No. ZA 1).
Mendocino Farms Minor Use Permit (PA2023-0196)
Site Location: 849 Newport Center Drive
4.
Project Summary
A request for a minor use permit to allow the sale and service of alcoholic beverages
with a Type 41 (On-Sale Beer and Wine - Eating Place) Alcoholic Beverage Control
(ABC) License at a proposed restaurant (Mendocino Farms) within the Fashion
Island Shopping Center. No late hours (after 11:00 p.m.) are proposed.
Recommended Action
1.Conduct a public hearing;
2.Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3,
because it has no potential to have a significant effect on the environment; and
3.Adopt Draft Zoning Administrator Resolution No. _ approving a Minor Use Permit
(Attachment No. ZA 1).
February 15, 2024
Page 3
Zoning Administrator Meeting
Annual Review of Uptown Newport Development Agreement (PA2023-0186)
Site Location: 4311-4321 Jamboree Road
5.
Project Summary
Pursuant to Section 15.45.080 of the Municipal Code and Section 65865.1 of the
California Government Code, the City is conducting a review of Development
Agreement No. DA2012-003 for the Uptown Newport project. The Development
Agreement was executed in 2013, and it ensures the orderly construction of the
Uptown Newport Planned Community, a 25-acre, mixed-use residential project
consisting of 1,244 residential units, two one-acre public parks and 11,500 square
feet of retail uses. The Zoning Administrator will review Uptown Newport’s good faith
compliance with the provisions of the Development Agreement.
Recommended Action
1.Conduct a public hearing;
2.Find the annual review is exempt from the California Environmental Quality Act
(“CEQA”) pursuant to Section 15321, Class 21 (Enforcement Actions by
Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations,
Title 14, Division 6, Chapter 3, because it has no potential to have a significant
effect on the environment;
3.Find that the applicant has demonstrated good faith compliance with the terms of
Development Agreement No. DA2012-003; and
4.Receive and file the Annual Report of Development Agreement for Uptown
Newport Planned Community (Attachment No. ZA 2).
Starbucks Minor Use Permit (PA2023-0193)
Site Location: 2523 Eastbluff Drive
6.
Project Summary
A request for a Minor Use Permit (MUP) to operate a "Take Out Service, Fast
Casual" eating and drinking establishment (Starbucks) within an existing shopping
center. The applicant proposes a minor tenant improvement to an existing 1,601
square foot suite and will expand Starbucks branded outdoor seating into what is
currently a 607 square foot common outdoor seating area for a maximum of 20 total
seats. The proposed hours of operation are from 4:30 a.m. to 12:00 a.m. midnight,
daily, and no alcohol service is proposed. An MUP is required as the project
proposes late hours and is within 500 feet of residential uses. If approved and
implemented, Use Permit No. UP3651 would be superseded.
Recommended Action
1.Conduct a public hearing;
2.Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA
February 15, 2024
Page 4
Zoning Administrator Meeting
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3,
because it has no potential to have a significant effect on the environment; and
3.Adopt Draft Zoning Administrator Resolution No. _ approving the Minor Use
Permit filed as PA2023-0193 (Attachment No. ZA 1).
Mobil Service Station Comprehensive Sign Program and Modification Permit
(PA2023-0183)
Site Location: 2201 East Coast Highway
7.
Project Summary
A request for a comprehensive sign program to establish design parameters for a
service station. Additionally, a modification permit is requested to allow an increase
in height of more than 20% and sign area of more than 30% for a free standing pylon
sign, and an increase in sign area of more than 30% for the canopy signs for the
service station.
Recommended Action
1.Conduct a public hearing;
2.Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15311 under Class 11 (Accessory Structures) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3,
because it has no potential to have a significant effect on the environment; and
3.Adopt Draft Zoning Administrator Resolution No. _ approving Comprehensive
Sign Program and Modification Permit (PA2023-0183) (Attachment No. ZA 1).
Merz Residence Modification Permit (PA2023-0245)
Site Location: 263 Walnut Street
8.
Project Summary
A request for a modification permit to allow the construction of an emergency escape
and rescue opening within a single-unit dwelling which will result in an encroachment
into the interior clear dimension of an existing two-car garage. The proposed project
will not result in a net increase of gross floor area as all alterations are within the
interior of the building. There are no other deviations of the Newport Beach Municipal
Code (NMBC) requested from this project.
Recommended Action
1.Conduct a public hearing;
2.Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3,
because it has no potential to have a significant effect on the environment; and
3.Adopt Draft Zoning Administrator Resolution No. _ approving Modification Permit
February 15, 2024
Page 5
Zoning Administrator Meeting
filed as PA2023-0245 (Attachment No. ZA 1).
V.PUBLIC COMMENTS ON NON-AGENDA ITEMS
Public comments are invited on agenda and non-agenda items generally considered to be
within the subject matter jurisdiction of the Zoning Administrator. Speakers must limit
comments to three (3) minutes. Before speaking, we invite, but do not require, you to state your
name for the record. The Zoning Administrator has the discretion to extend or shorten the
speakers’ time limit on agenda or non-agenda items, provided the time limit adjustment is
applied equally to all speakers. As a courtesy, please turn cell phones off or set them in the
silent mode.
VI.ADJOURNMENT