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NEWPORT BEACH ZONING ADMINISTRATOR MINUTES
100 CIVIC CENTER DRIVE, NEWPORT BEACH
ZOOM
THURSDAY, FEBRUARY 29, 2024
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
Liz Westmoreland, Senior Planner
Daniel Kopshever, Assistant Planner
Jerry Arregui, Planning Technician
II. REQUEST FOR CONTINUANCES
None.
III. APPROVAL OF MINUTES
ITEM NO. 1 MINUTES OF FEBRUARY 15, 2024
Action: Approved as amended
IV. PUBLIC HEARING ITEMS
ITEM NO. 2 Kamell Residence Coastal Development Permit (PA2023-0115)
Site Location: 4005 Seashore Drive (Units A and B) Council District 1
Liz Westmoreland, Senior Planner, provided a brief project description stating that the request is for a coastal
development permit (CDP) to allow the remodel and addition to an existing non-conforming 3,694-square-
foot duplex. The proposed project includes an addition of approximately 360-square-feet to create an
accessory dwelling unit on the third floor. The structure would reach a maximum height of 29 feet and
inlcudes a third floor uncovered roof deck. The proposed addition of the accessory dwelling unit requires a
CDP. Pursuant to California State Law governing ADUs and Title 20 of the Newport Beach Municipal Code
(NBMC), the proposed addition of an accessory dwelling unit (of up to 800 square feet) shall be allowed
despite the existing nonconformities of the duplex.
Senior Planner Westmoreland added that public comments were received. She acknowledged the
typographical errors in the draft resolution and explained that the project complies with the City’s FEMA
requirements and Sea Level Rise as it is only an addition of a third floor. However, if the project is modified in
a way that requires involvement from FEMA or work on the first floor that could necessitate further changes,
an additional Coastal Development Permit would be needed. She also made changes for the record to
incorporate justification under the CEQA Determination.
Applicant Rafik Kamell, 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
MINUTES OF THE MEETING OF THE
NEWPORT BEACH ZONING ADMINISTRATOR 02/29/2024
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ITEM NO. 3 Artisan Property LLC Residential Condominiums Tentative Parcel Map and Coastal
Development Permit (PA2023-0190)
Site Location: 825 & 825 ½ West Bay Avenue Council District 1
Daniel Kopshever, Assistant Planner, provided a brief project description stating that the project is for a tentative
parcel map and a coastal development permit (CDP) for two-unit condominium purposes. The property owner
proposes to demolish an existing residential duplex and construct a new two-unit residential condominium
building. The project includes conditions of approval requiring public improvements, including the
reconstruction of sidewalks, curbs and gutters along the 9th Street, Bay Avenue West frontage, and alley as
needed. Existing private improvements (walls) within the Bay Avenue West and 9th Street rights-of-way will be
removed. The applicant shall dedicate a 10-foot radius cut-off for street and public utility purposes at the West
Bay Avenue and 9th Street intersection and install a new curb ramp at the corner of this intersection. Assistant
Planner Kopshever concluded that the project complies with the Local Coastal Program and the proposed
subdivision and improvements are consistent with the density of the R-2 Coastal Zoning District. Public
comments were received regarding the appeal language in the draft resolution. He noted that would be
corrected and included in the final resolution.
Applicant Bill Caskey of Bill Caskey and Associates 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
ITEM NO. 4 Annual Review of Hoag Memorial Hospital Presbyterian Development Agreement
(PA2009-064)
Site Location: 1 Hoag Drive Council District 2
Jerry Arregui, Planning Technician, provided a brief project description stating that this item is the Annual
Review of the Hoag Memorial Hospital Presbyterian Development Agreement (DA). A report covering April 1,
2022, to March 31, 2023, revealed that the majority of improvements made were focused on the interior. The
landscape area on the lower campus is in healthy condition as verified by photographs provided by Hoag and
a staff site inspection. Noise measurements were not taken at the Villa Balboa or Versailles residential
communities this year at the request of both communities.
Planning Technician Arregui noted that staff received comments regarding the timeliness of this annual review
and states that staff would make a concerted effort to perform the annual review on a more consistent basis
moving forward. Mr. Arregui also noted that comments were received regarding the use of Hoag’s public
benefits payments and stated that it is used for City efforts to provide services to people experiencing
homelessness, as specified in the DA and staff report.
Planning Technician Arregui concluded that the staff recommends finding the applicant has remained in good
faith compliance with the terms of DA No. 5.
Applicant Rosanna Bryant, on behalf of Hoag, stated that Hoag exists to serve the community both from a
health and wellness and community benefit standpoint. In response to Zoning Administrator Zdeba’s inquiry
about payment, she confirmed that it is Hoag’s intention to fulfil their public benefits payments requirement.
Zoning Administrator Zdeba opened the public hearing.
One member of the public, Jim Mosher, questioned the timing of Hoag’s public benefits payments and
expressed confusion over which periods of time those payments covered, as well as how those payments have
been used.
MINUTES OF THE MEETING OF THE
NEWPORT BEACH ZONING ADMINISTRATOR 02/29/2024
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Zoning Administrator Zdeba directed the public comments to Mrs. Bryant, and she responded that Hoag’s 2021
public benefits payments would cover through 2023.
Zoning Administrator Zdeba reaffirmed the public benefit payments should be paid to the City and future staff
reports will be revised to clarify that requirement. He noted that the next payment would likely have occurred
outside of this reporting period and would be reported on in the next review.
Zoning Administrator Zdeba closed the public hearing.
Action: Received and filed, as submitted
V.PUBLIC COMMENTS ON NON-AGENDA ITEMS
None.
VI.ADJOURNMENT
The hearing was adjourned at 10:21 a.m.
The agenda for the Zoning Administrator Hearing was posted on February 22, 2024, at 3:30 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 February 22, 2024, at 3:24 p.m.
Benjamin M. Zdeba, AICP
Zoning Administrator