HomeMy WebLinkAbout08_2356 Redlands Drive Lot Merger_PA2025-0002CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
April 10, 2025
Agenda Item No. 8
SUBJECT:2356 Redlands Drive Lot Merger (PA2025-0002)
SITE LOCATION:2356 Redlands Drive and APN: 439-232-12
APPLICANT:Amber Miedema
PLANNER:Cameron Younger, Planning Technician
949-644-3228 or cyounger@newportbeachca.gov
LAND USE AND ZONING
•General Plan Land Use Plan Category: RS-D (Single Unit Residential Detached)
•Zoning District: R-1-7200 (Single-Unit Residential)
PROJECT SUMMARY
A lot merger application for two properties under common ownership by removing the lot
line that separates them to allow for future improvements across the existing interior
property line. The front property is developed with a single-unit dwelling, while the rear lot
is currently undeveloped.
RECOMMENDATION
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, because it has no potential to have a significant effect on the
environment; and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Lot Merger filed as
PA2025-0002 (Attachment No. ZA 1).
DISCUSSION
•An application has been filed by Amber Miedema with respect to the property at 2356
Redlands Drive. The property is legally described as Lot 8 of Tract No. 3062. The
parcel to be merged to the south has no site address and is legally described as a
portion of Lot 105 of Tract No. 300 (see Vicinity Map on Attachment No. ZA 2).
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2356 Redlands Drive Lot Merger (PA2025-0002)
Zoning Administrator, April 10, 2025
Page 2
•The applicant proposes a lot merger for two lots under common ownership. The
merger would combine the two legal lots into a single parcel. This would allow for
new development to be built over the existing interior lot line. All construction will be
required to comply with the Zoning Code standards, including parking and setback
requirements.
•The lot merger application does not include nor propose any change in the density
or intensity of land use and, therefore, is not considered development as defined in
Newport Beach Municipal Code (NBMC) Chapter 21.70 (Definitions). For this reason,
a coastal development permit is not required.
•Section 20.18.030 (Residential Zoning Districts General Development Standards)
of the Zoning Code establishes minimum lot area and width requirements. The
proposed merger would result in an 19,786-square-foot parcel that is in conformance
to the minimum 7,200-square-foot lot area standard of the Zoning Code. The Project
does not affect the existing lot width of the subject properties which are both 66 feet
wide. Since the widths required by the NBMC is 70 feet wide, the lots are considered
exisitng legal nonconforming due to lot width. However, the width of the subject
properties are not changed by the Project and the exisitng 66-foot width is typical of
lots within the block. Additionally, the Project would create a depth of 299 feet,
exceeding the 90-foot minimum depth required by the NBMC standard.
•Properties within the neighborhood consist of varying shapes and sizes, including
several oversized lots along this block. Properties on the block fronting the easterly
side of Redlands Drive are zoned Single-Unit Residential (R-1-7200) and consist
of lots sizes ranging from 7,263-square-feet to 19,801-square-feet. Properties on
the block fronting the westerly side of Redlands Drive are zoned R-1-7200 and
consist of lot sizes ranging from 7,183-square-feet to 25,778-square-feet.
•Although the proposed lot merger will result in a larger lot, it will not create a large
lot in comparison to the existing lots in the area. There are existing lots in the
surrounding neighborhood that are similar to the proposed lot area such as 2352
and 2392 Redlands Drive, which are also single-unit residential developments with
lot sizes exceeding 19,000-square-feet.
•Legal access to the site is provided from Redlands Drive and will remain
unchanged.
•As demonstrated in Draft Resolution (Attachment No. ZA 1), the proposed
merger meets the requirements of Title 19 (Subdivisions).
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2356 Redlands Drive Lot Merger (PA2025-0002)
Zoning Administrator, April 10, 2025
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ENVIRONMENTAL REVIEW
This project is 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, Chapter 3, because it has no potential to have a significant
effect on the environment.
The Class 15 exemption allows the division of property in urbanized areas zoned for
residential, commercial, or industrial use into four or fewer parcels when the division is in
conformance with the General Plan and Zoning; no variances or exceptions are required;
all services and access to the proposed parcels are available; the parcel was not involved
in a division of a larger parcel within the previous two years; and the parcel does not have
an average slope greater than 20%. This exemption includes a minor lot merger not resulting
in the creation of any new parcel that complies with the conditions specified above.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights-of-way and
waterways), including the applicant, and posted on the subject property at least 10 days
before the scheduled hearing, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
APPEAL PERIOD:
An appeal may be filed with the Director of Community Development within 10 days
following the date of action. For additional information on filing an appeal, contact the
Planning Division at (949) 644-3200.
Prepared by:
DL/cy
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2025-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, APPROVING A LOT MERGER
FOR TWO LOTS UNDER COMMON OWNERSHIP BOTH
LOCATED AT 2356 REDLANDS DRIVE (PA2025-0002)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Amber Miedema (Applicant) with respect to the property at 2356
Redlands Drive, legally described as Lot 8 of Tract No. 3062. The parcel to be merged to
the southeast has no site address and is legally described as a portion of Lot 105 of Tract
No. 300 with an Accessor’s Parcel Number (APN) of 439-232-12.
2. The Applicant proposes a lot merger and requests to waive the parcel map requirement for
two lots under common ownership. The merger would combine the two legal lots into a single
parcel (Project).
3. The subject properties are located within the Single-Unit Residential (R-1-7200) Zoning
District and the General Plan Land Use Element category is Single-Unit Residential
Detached (RS-D).
4. The subject properties are not located within the coastal zone.
5. A public hearing was held on April 10, 2025, online via Zoom. A notice of time, place, and
purpose of the hearing was given in accordance with the Newport Beach Municipal Code
(NBMC). Evidence, both written and oral, was presented to and considered by, the Zoning
Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This Project is 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, Chapter 3, because it has no potential to have a significant
effect on the environment.
2. The Class 15 exemption allows the division of property in urbanized areas zoned for
residential, commercial, or industrial use into four or fewer parcels when the division is in
conformance with the General Plan and Zoning; no variances or exceptions are required; all
services and access to the proposed parcels are available; the parcel was not involved in a
division of a larger parcel within the previous two years; and the parcel does not have an
average slope greater than 20%. This exemption includes a minor lot merger not resulting in
the creation of any new parcel that complies with the conditions specified above.
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Zoning Administrator Resolution No. ZA2025-###
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3. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The
project location does not impact an environmental resource of hazardous or critical concern,
does not result in cumulative impacts, does not have a significant effect on the environment
due to unusual circumstances, does not damage scenic resources within a state scenic
highway, and is not a hazardous waste site, and is not identified as a historical resource.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 19.68.030 (Lot Mergers), the following findings and facts in support
of such findings are set forth:
Finding:
A. Approval of the merger will not, under the circumstances of this particular case, be
detrimental to the health, safety, peace, comfort, and general welfare of persons residing
or working in the neighborhood of such proposed use or be detrimental or injurious to
property and improvements in the neighborhood or the general welfare of the City, and
further that the proposed lot merger is consistent with the legislative intent of this title.
Facts in Support of Finding:
1. The Project will not result in the creation of additional parcels by removing the interior lot
line between them.
2. The Project is consistent with the purpose and intent of NBMC Title 19 (Subdivisions),
identified in NBMC Subsection 19.04.020 (Purpose and Applicability). The lot merger
will ensure all development is contained within the property and there is no construction
crossing legal property lines.
3. The future development on the proposed parcel will be subject to NBMC Title 20
(Planning and Zoning), which is intended to promote orderly development, protect
neighborhood character, and preserve public health, safety, and general welfare of the
City.
Finding:
B. The lots to be merged are under common fee ownership at the time of the merger.
Fact in Support of Finding:
1. The two lots to be merged are under common fee ownership, as evidenced by the
Preliminary Title Report submitted with the application.
Finding:
C. The lots as merged will be consistent or will be more closely compatible with the
applicable zoning regulations and will be consistent with other regulations relating to the
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Zoning Administrator Resolution No. ZA2025-###
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subject property including, but not limited to, the General Plan and any applicable Coastal
Plan or Specific Plan.
Facts in Support of Finding:
1. The merged parcel will retain the Single-Unit Residential (R-1-7200) zoning designation,
consistent with the surrounding area. The R-1-7200 Zoning District is intended to provide
areas appropriate for a detached single-family residential dwelling unit located on a single
lot that is 7,200 square feet or greater in area.
2. The Land Use Element of the General Plan designates the subject site as Single Unit
Residential Detached (RS-D), which applies to a range of single-family residential dwelling
units.
3. Section 20.18.030 (Residential Zoning Districts General Development Standards) of the
NBMC establishes minimum lot area and width requirements. The Project would result in
a 19,786-square-foot parcel that is in conformance to the minimum 7,200-square-foot
interior lot area standard of the Zoning Code. The Project does not affect the existing lot
width of the subject properties, which are both 66 feet wide. Since the widths required by
the NBMC is 70 feet wide, the lots are considered existing legal, nonconforming due to lot
width. However, the width of the subject properties are not changed by the Project and
the existing 66-foot width is typical of lots within the block. Additionally, the Project would
create a lot depth of 299 feet, exceeding the 90-foot minimum depth required by the
NBMC.
4. The subject properties are not located within a specific plan area.
Finding:
D. Neither the lots as merged nor adjoining parcels will be deprived of legal access as a
result of the merger.
Fact in Support of Finding:
1. No adjoining parcels will be deprived of legal access as a result of the Project. The
existing southeasterly parcel is landlocked. Legal access to the merged parcels is
provided from Redlands Drive and will remain unchanged.
Finding:
E. The lots as merged will be consistent with the pattern of development nearby and will not
result in a lot width, depth or orientation, or development site that is incompatible with
nearby lots. In making these findings, the review authority may consider the following:
i. Whether the development of the merged lots could significantly deviate from the
pattern of development of adjacent and/or adjoining lots in a manner that would
result in an unreasonable detriment to the use and enjoyment of other properties.
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Zoning Administrator Resolution No. ZA2025-###
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ii. Whether the merged lots would be consistent with the character or general
orientation of adjacent and/or adjoining lots.
iii. Whether the merged lots would be conforming or in greater conformity with the
minimum lot width and area standards for the zoning district.
Facts in Support of Finding:
1.Any future development on the merged lots will be required to meet all applicable
development standards and, therefore, will not significantly deviate from the pattern of
development of adjacent and/or adjoining lots in a manner that would result in an
unreasonable detriment to the use and enjoyment of other properties.
2. The Project will create a parcel that is consistent with the character or general
orientation of adjacent and/or adjoining lots. Although the current configuration is two
lots, the property is used as a single parcel with one single-family residence. As a result,
the proposed merger will not result in a visible change in the character of the
neighborhood and will continue to allow the property to be used for single-family
purposes.
3. Fact 3 in support of Finding C is hereby incorporated as reference.
In accordance with Section 19.08.30.(A)(3) (Waiver of Parcel Map Requirement – Activities
Eligible for Waiver) of the NBMC, the Zoning Administrator may approve a waiver of the parcel
map requirement in cases where no more than three parcels are eliminated. The following
finding and facts in support of such findings are set forth:
Finding:
F. The proposed division of land complies with requirements as to area, improvement and
design, flood water drainage control, appropriate improved public roads and property
access, sanitary disposal facilities, water supply availability, environmental protection,
and other applicable requirements of this title, the Zoning Code, the General Plan, and
any applicable Coastal Plan or Specific Plan.
Facts in Support of Finding:
1.Approval of the proposed lot merger would remove the existing interior lot line, and allow
the property to be used as a single site. The proposed lot would comply with all design
standards and improvements required for new subdivisions by NBMC Title 19
(Subdivisions) and the General Plan.
2. The subject property is not located within a specific plan area.
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this project
categorically exempt from the California Environmental Quality Act 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.
2. The Zoning Administrator of the City of Newport Beach hereby approves PA2025-0002
subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated
for reference.
3. This action shall become final and effective 10 days after the adoption of this Resolution
unless within such time an appeal or call for review is filed with the Director of
Community Development in accordance with the provisions of Title 19 (Subdivisions),
of the Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 10th DAY OF APRIL 2025.
_______________________________________
Benjamin M. Zdeba, AICP, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
Planning Division
1. The development shall be in substantial conformance with the approved lot merger exhibits
stamped and dated with the date of this approval (except as modified by applicable
conditions of approval).
2. The Project is subject to all applicable City ordinances, policies, and standards unless
specifically waived or modified by the conditions of approval.
3. The Applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this lot
merger.
4.Prior to the issuance of building permits, for any construction to cross the existing interior
lot line between the two lots proposed to be merged, recordation of the Lot Merger
documents with the County Recorder shall be required.
5. All easements shall be plotted, and all easement documents provided upon final map
review.
6. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner, or the leasing agent.
7. This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved in
compliance with the provisions of Title 20 (Planning and Zoning) of the Newport Beach
Municipal Code.
8. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold
harmless the City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities,
costs, and expenses (including without limitation, attorney’s fees, disbursements, and court
costs) of every kind and nature whatsoever which may arise from or in any manner relate
(directly or indirectly) to City’s approval of 2356 Redlands Drive Lot Merger, PA2025-
0002. This indemnification shall include, but not be limited to, damages awarded against
the City, if any, costs of suit, attorney’s fees, and other expenses incurred in connection
with such claim, action, causes of action, suit, or proceeding whether incurred by the
applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall
indemnify the City for all of the City's costs, attorney’s fees, and damages that the City
incurs in enforcing the indemnification provisions set forth in this condition. The applicant
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Zoning Administrator Resolution No. ZA2025-###
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shall pay to the City upon demand any amount owed to the City pursuant to the
indemnification requirements prescribed in this condition.
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Attachment No. ZA 2
Vicinity Map
12
VICINITY MAP
PA2025-0002
Lot Merger
2356 Redlands Drive
APN 439-232-12
Subject Property
(Lot to Be Merged)
2356 Redlands Drive
Subject Property
13
Attachment No. ZA 3
Project Plans
14
15
16
17
Letter to the City of Newport Beach
April 9, 2025
Re: Project Files PA2025-0001 and PA2025-0002
To Whom It May Concern:
My name is Patricia Pierson, and I am the co-owner of a property on
Newport Glen Court in the city of Newport Beach. I am writing in
response to the notice regarding a planned merging of two lots on
Redlands Avenue, a street that backs up to Newport Glen Court and
lies directly behind my property as well as four other houses on my
street.
The proposed change appears to request City approval to merge two
existing lots, located at 2356 and 2360 Redlands Drive.
I am writing to share my concerns about a history of noise disturbances
on Redlands Avenue, and to let the City know that I am concerned
that approval of the creation of another large lot may encourage
development of buildings, amenities, and/ or recreation areas that will
add to the potential for continuing noise from Redlands Avenue. I am
asking the City to take my concerns about noise into consideration as
this proposal is reviewed, and to proactively prevent noise disturbances
from Redlands Avenue moving forward.
And while noise is a concern for me, my larger concern as a property
owner is related to property values: Were I to lease or sell my property
at this time, I would have to disclose to a lessee or buyer that I have
experienced continuing noise issues with the properties behind my
house. I believe this would reduce the potential resale value of my
home and also potentially make it hard to sell, thus significantly
reducing the value of my investment. Newport Glen Court, in
particular, is a street where prospective residents would value privacy
and quiet, since it is a small, gated street of only 11 houses, and it
appears to be secluded and calm.
I would like to explain below my experiences with noise from the
Redlands properties located behind Newport Glen Court. Since August
From: Patricia Pierson <patriciapierson@yahoo.com>
Sent: April 09, 2025 9:46 PM
To: Younger, Cameron <CYounger@newportbeachca.gov>
Subject: Letter from Patricia Pierson regarding 2356 and 2360 Redlands Avenue
Zoning Administrator - April 10, 2025 Item No. 8a - Additional Materials Received AFTER THE DEADLINE 2356 Redlands Drive Lot Merger (PA2025-0002)
of 2023, I have felt compelled to repeatedly call in noise complaints,
and on occasion to reach out to Code Enforcement. Upon
investigating, I learned from other neighbors on Newport Glen that loud
parties and gatherings on Redlands have been an issue for them for at
least a decade.
Noise issues I have personally experienced have included:
1.Large weddings and parties with amplified music. Amplified music has on
occasion exceeded noise level readings from my property of 90 dB. Some
parties have ended by 8 or 9 PM, while others have continued late into the
night. Some parties have included crowds of 200 or more people. On
occasion, live ensembles such as mariachi and rappers have performed, with
sound amplification and microphones. Amplified music from properties on
Redlands could be heard at the intersection of Santa Isabel and Irvine Ave.
Further, I have been concerned that some neighbors on Redlands might be
renting their properties out for these parties or other public events.
2.On the night of November 5, 2024, one property on Redlands launched a
series of live fireworks from their yard, resulting in a fireworks display lasting for
ten minutes or longer. It is my understanding that fireworks are illegal in Newport
Beach and that it is a code violation to host a fireworks show in a residential
yard.
3.Neighbors on Newport Glen have also recounted to me that it appears that
a residence on Redlands has occasionally aimed speakers towards Newport
Glen and possibly intentionally played loud, amplified music directed at our
street.
4.One or more homes on Redlands have built what sound like pickleball
court(s), and Newport Glen neighbors have complained in my presence
about pickleball being played from early in the morning to late at night. I also
hear the sound of pickleball or tennis being played daily, which of course is
perfectly reasonable at a residence, but it is my understanding from the City
that there are regulations in place regarding hours of play and noise which may
need to be addressed. Other neighbors on Newport Glen have shared that
they have observed or heard what appear to be sports tournaments, possibly
with members of the public, taking place in Redlands yards.
Zoning Administrator - April 10, 2025 Item No. 8a - Additional Materials Received AFTER THE DEADLINE 2356 Redlands Drive Lot Merger (PA2025-0002)
In addition to my issues with noise, there has been a vector control
concern with the land in between Newport Glen Court and Redlands –
a concern that the County has successfully addressed but is something
I want to make note of here. There is a small strip of undeveloped land
owned by the County Flood Control District, directly behind Newport
Glen Court, where a creek connected to Cherry Lake flows on
occasion. (I am unsure if this strip of land is connected to the parcels
that are under discussion in this hearing or not.) I contacted the
County in December 2024 to report problems with mosquitoes on
Newport Glen during the summer of 2024, and an inspector from
Vector Control I spoke with determined that there was a current
infestation (as of December 2024) of mosquitoes in that creek, which
the County planned to treat. The inspector noted that this runoff
channel on the strip of County land may have been clogged or
blocked by logs or other debris. I want to ensure that any changes to
the parcels on Redlands will not encroach upon this small creek and
will be mindful to prevent any construction or construction materials
from blocking the flow of this channel, as these blockages can lead to
infestations and mosquito-borne disease—including, potentially, West
Nile virus--in our neighborhood.
While this is a long and diverse list of concerns regarding Redlands, the
common theme has been loud parties, especially on weekends, and
more frequently during the summer months when I, too, would like to
have a family gathering, but am sometimes unable to do so because
of large crowds or music adjacent to my house. I and other Newport
Glen neighbors have, as I mentioned above, contacted the Newport
Police Department to report noise complaints, but usually the noise is
coming from the far back part of the Redlands properties, closest to
Newport Glen, and cannot be heard from outside their doors facing
Redlands; however, on occasion I have been able to hear the music
from Redlands from as far as Irvine Avenue and Santa Isabel. I and
others on my street have also made efforts to address our concerns
about noise directly with some of the neighbors on Redlands, with
varying levels of success. I would like to note that this winter, Redlands
has been generally quiet, and I have not seen or heard the levels of
Zoning Administrator - April 10, 2025 Item No. 8a - Additional Materials Received AFTER THE DEADLINE 2356 Redlands Drive Lot Merger (PA2025-0002)
disturbance I experienced in 2023-24, but I fear that in the summer
months this may change.
In closing, I submit these concerns not because I believe that I have a
right to tell property owners on Redlands what they can and cannot do
with their homes, but because I believe that I and everyone in this
neighborhood all have the same right to enjoy our properties. The
pattern of noise and disturbance from Redlands, and the responses I
and others have received from some neighbors on Redlands when we
have voiced our concerns, has led me to feel like the residents of
Newport Glen Court have fewer rights in practice than their neighbors
on this adjacent street. It seems fair and correct that everyone should
be able to enjoy gatherings and celebrations at their homes, but when
there are so many gatherings, with so much noise, and so many
disturbances, Redlands begins to take on the trappings of a “party
street,” which is something that is inconsistent with the overall tone and
appearance of this neighborhood.
I value and respect all of my neighbors in this community and feel very
confident that we can find a way to ensure everyone is able to make
the changes to their properties that they desire, welcome guests,
celebrate special events and milestones, and also enjoy peace and
quiet in their homes.
I am asking the City of Newport Beach and its planning commission to
find new and more effective ways to enforce noise ordinances and
codes, ensuring that all of us are aware of and abiding by the City’s
laws. I ask, further, that any approval for changes to properties in this
area should require confirmation from property owners that all
regulations regarding noise, restrictions on commercial use, and size of
gatherings will be followed.
Please feel free to contact me for any additional information. I am
available to work collaboratively with the City and with my neighbors
to help address these issues.
Yours truly,
Patricia Pierson
Zoning Administrator - April 10, 2025 Item No. 8a - Additional Materials Received AFTER THE DEADLINE 2356 Redlands Drive Lot Merger (PA2025-0002)