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HomeMy WebLinkAbout01_05-15-2025_ZA_Minutes - DRAFT Page 1 of 9 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM THURSDAY, MAY 15, 2025 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 Daniel Kopshever, Assistant Planner Laura Rodriguez, Assistant Planner Melinda Whelan, Assistant Planner Oscar Orozco, Associate Planner II. REQUEST FOR CONTINUANCES None. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF APRIL 24, 2025 Zoning Administrator Zdeba acknowledged receiving a written comment from Jim Mosher suggesting a correction to the minutes and he agreed with the suggestion. No one in attendance wished to comment further on the minutes. Action: Approved as amended IV. PUBLIC HEARING ITEMS Zoning Administrator Zdeba noted that he would be reordering the public hearing items, moving the temporary fire station to the end. ITEM NO. 2 Charron Tentative Parcel Map and Coastal Development Permit (PA2024-0217) Site Location: 209 Via Dijon Council District 1 Melinda Whelan, Assistant Planner, provided a brief project description stating that applicant requests a tentative parcel map and coastal development permit to subdivide the property into two separate parcels for future development of two single-unit dwellings. The property is comprised of two underlying lots developed with one single-unit dwelling. No new construction is proposed as part of this project. Assistant Planner Whelan added Fact in Support of Finding No. 2 to Finding A as follows: 1. The proposed subdivision includes a deviation to the minimum lot size standard of 5,000 square feet and lot width standard of 50 feet for new subdivisions. However, pursuant to Footnote 2 of Table 2-3 of the Planning and Zoning Code (Title 20) and Footnote 6 of Table 21.18-2 of Local Coastal Program Implementation Plan (Title 21) of the Newport Beach Municipal Code (NBMC), lots may be subdivided so that the resulting lot area and dimensions are less than the standard, provided the minimum lot size shall not be less than the original underlying lots on the same block face and in the same zoning district. In this case, the proposed 30-foot-wide and 40-foot-wide lots are comparable in size with the original subdivision in which a majority of lots had widths between 30 and 40 feet, and depths of 88 feet (no change in depth is proposed). MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 05/15/2025 Page 2 of 9 Assistant Planner Whelan stated the applicant Paul Craft, on behalf of the Owner, 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. 3 Burcher Residence Coastal Development Permit (PA2024-0237) Site Location: 2104 East Balboa Boulevard Council District 1 Oscar Orozco, Associate Planner, provided a brief project description stating that the project involves demolishing an existing single-unit residence and constructing a new three-story, 8,086-square-foot single-unit residence with a 1,053-square-foot four-car garage and a 3,376-square-foot basement. The plan also includes reinforcing and raising the bulkhead, along with adding new landscaping, hardscaping, and drainage. Part of the property falls under the California Coastal Commission’s jurisdiction, so a portion of the structure, the front patio, and the bulkhead will need the Commission’s approval. The site is in the R-1 Zoning and Coastal Zoning Districts and meets all development standards. The design fits with the neighborhood’s pattern of development. The finished floor elevation is 11.26 feet based on the North American Vertical Datum of 1988 (NAVD88). Currently, the property does not offer public coastal access. However, nearby street ends provide vertical access, such as K Street about 650 feet away. Beach access is available on the southern side of the Peninsula. The site cannot be seen from West Jetty View Park. While visible from some public areas, the new home is not expected to appear out of character with the neighborhood. The project does not include any unique features that would negatively impact the coastal zone’s visual quality. The Project site is visible from the public beach southeast of the County of Orange Harbor Patrol and the fire access/utility road off Bayside Drive adjacent to the entrance of Bayside Place. However, the project will replace an existing single-unit residence with a single-unit residence that complies with all applicable LCP development standards and maintains a building envelope consistent with the existing neighborhood pattern of development. Additionally, the project does not contain any unique features that could degrade the visual quality of the coastal zone. This project has been determined to be categorically exempt under the requirements of CEQA under Section 15303 under Class 3. To conclude, Associate Planner Orozco proposed making a minor revision to Condition of Approval No. 8, revising the term “seaward” to “bayward.” Zoning Administrator Zdeba opened the public hearing. Applicant Don James, on behalf of the Owner, stated that they had reviewed the draft resolution and agrees with all the required conditions. One member of the public, Carl Browne, spoke and stated that he is the owner of the property immediately adjacent to the site. He inquired about the height of the structure and changes made to the seawall. At the request of Zoning Administrator Zdeba, Mr. James summarized that the seawall is being reinforced and raised as required and the height of the proposed structure is 29 feet from established grade. Zoning Administrator Zdeba closed the public hearing. Zoning Administrator Zdeba informed Carl Bowne of Associate Planner Orozco’s contact information and urged him to reach out to him directly should he have any additional questions on what is being proposed. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 05/15/2025 Page 3 of 9 Zoning Administrator Zdeba asked Associate Planner Orozco to confirm that the height complies with the development standards, to confirm the seawall is being reinforced to ensure its safety, and to confirm that it is subject to Coastal Commission review. Mr. Orozco confirmed the structure complies with the height limit. In addition, Mr. Orozco confirmed that the bulkhead is being reinforced and raised to the minimum necessary of 10.9 feet NAVD 88. Lastly, Mr. Orozco concluded that the improvements in the front area that are found within the Coastal Commission’s jurisdiction will need to be reviewed by the Coastal Commission for approval. Action: Approved as amended ITEM NO. 4 Mona Residential Condominiums Tentative Parcel Map and Coastal Development Permit (PA2025-0009) Site Location: 515 36th Street Council District 1 Daniel Kopshever, Assistant Planner, provided a brief project description stating that the project is for a coastal development permit and a tentative parcel map for two-unit condominium purposes. The property owner demolished an existing single unit dwelling, and a new duplex is under construction. The duplex development was previously approved with a Coastal Development Permit and Tentative Parcel Map in 2018, and then subsequently in 2019. The previous Tentative Parcel Map expired before being finalized and recorded, so a new tentative parcel map and coastal development permit are being requested. The property is located on 36th Street between Short Street and Finley Avenue and is zoned Two-Unit Residential (R-2). The duplex under construction to condominium standards is 4,082 square-feet with an attached 422-square- foot garage. The original Coastal Development Permit approved in 2018 analyzed impacts to coastal resources and any coastal hazards, and approval of the new Tentative Parcel Map will not affect public recreation, access, or views. The project includes conditions of approval requiring public improvements, including the reconstruction of damaged sidewalks, curbs and gutters along 36th Street. The project complies with the Local Coastal Program. The proposed subdivision, its associated improvements, and the increase in density from one to two units is consistent with the R-2 Coastal Zoning District. Assistant Planner Kopshever addressed a public comment that was received on this item, which inquired on whether an HOA would be formed to maintain the property and common areas, to which we responded that the California Department of Real Estate would be the authority for requiring formation of an HOA which would generally contain CC&Rs to maintain the property. Assistant Planner Kopshever recommended approval of the project and stated that he was available for questions and that the applicant was present. Zoning Administrator Zdeba opened the public hearing. Applicant Michael Benesh of Robin B. Hamers and Associates, on behalf of the Owner, stated that he had reviewed the draft resolution and agrees with all the required conditions. Seeing that no one from the public wished to comment, the public hearing was closed. Action: Approved ITEM NO. 5 OC Skin Care Center Minor Use Permit (PA2025-0040) Site Location: 1220 Bison Avenue, Suite A3 Council District 3 Daniel Kopshever, Assistant Planner, provided a brief project description stating that this item is for a Minor Use Permit to allow a proposed day spa focusing on skin care treatments at 1220 Bison Avenue Suite A3 of the Newport North shopping center. The applicant will reconfigure the 1,200-square-foot suite from a Pilates studio into a day spa with four treatment rooms, a reception area, lobby area, office, break room, and restroom. The project site is zoned PC-5 (North Ford Planned Community) and is located within the Area 3 (Commercial) subarea. Area 3 allows for light, general commercial activities and allows service uses of a convenience nature MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 05/15/2025 Page 4 of 9 by right. As “convenience nature” is not further defined in PC-5, the Newport Beach Municipal Code is used to better classify the use. The operational characteristics are most like a day spa, which is considered a “Personal Services, Restricted” land use and requires the approval of a minor use permit. Although the requested hours of operation were from 9:00 a.m. to 6:00 p.m. daily, staff recommends a closing hour of 8:00 p.m., to allow for flexibility and to maintain parity with other uses in the shopping center. The project does not increase the parking requirement or parking demand of the shopping center and adequate parking is provided on-site. Assistant Planner Kopshever highlighted Conditions of Approval Nos. 7 and 8 to limit the number of treatment rooms to four and to condition the hours of operation and shared the intention to minimize any potential conflicts with surrounding land uses. Assistant Planner Kopshever stated that no public comments had been received on this item, recommended approval of the project, and then stated that he was available for questions and that the applicant was present. Zoning Administrator Zdeba opened the public hearing. Applicant Michael Rad of OC Skin Care Services, on behalf of the OC Skin Care Services, stated that he had reviewed the draft resolution and agrees with all the required conditions. Seeing that no one from the public wished to comment, the public hearing was closed. Action: Approved ITEM NO. 6 Temporary Fire Station No. 1 Limited Term Permit (PA2025-0031) Site Location: 711 East Ocean Front Council District 1 Laura Rodriguez, Assistant Planner, provided a project description stating that the City’s Public Works Department is applying for a limited term permit which will be greater than 90 days. The City requests to utilize the southern portion of the East Ocean Front Lot, which is operated and owned by the City, to establish a temporary fire station. The temporary fire station is anticipated to be in place from September 2025 to March 2027 while Fire Station No.1 is under reconstruction at 100 East Balboa Boulevard. The project is located less than half a mile northwest of Fire Station No.1. The temporary fire station will temporarily occupy 42 parking spaces which will be fenced off from the public and will include a 1,440-square-foot modular building to house fire personnel, a 170-square-foot storage container to store supplies and equipment, a canopy cover for exercise equipment, and a fire engine which will be located inside the fenced area. While the proposed site is in the East Ocean Front Lot, the full parcel is approximately six acres, includes the Balboa Pier Lot, and maintains 614 parking spaces between the two lots. The property’s General Plan Land Use category, and Zoning designation are Public Facilities. The project proposes utilizing Palm Street and Washington Street as the required ingress and egress for the site. Assistant Planner Rodriguez also clarified that the project will not be removing trees or occupying ADA stalls. Assistant Planner Rodriguez noted that the project is exempt from the California Environmental Quality Act (CEQA) under Section 15303 under Class 3 (New Construction or Conversion of Small Structures) and Class 4 (Minor Alternations to Land). Ms. Rodriguez clarified that Class 3 allows for the construction of a commercial structure in urbanized areas not exceeding 10,000 square feet in floor area and not involving the use of significant amounts of hazardous substances. The project consists of a 1,440 square-foot modular building. Additionally, Class 4 consists of minor public alterations in the condition of land, which do not involve the removal of healthy, mature, scenic trees. As previously noted, the project is not removing any trees and is not altering the developed parking lot. Assistant Planner Rodriguez also noted that Fact 4 in Section 2 of the draft resolution would be added to include a reference to Section 15300.2 of Article 19 Categorical Exemptions. She clarified that this section was accidentally omitted from the resolution and emphasized how 15300.2 is not applicable to the project, as the project is not creating a significant environmental risk or impact. The project also includes the placement of a temporary fire station and fire engine within a developed parking lot. Additionally, the property’s zoning MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 05/15/2025 Page 5 of 9 designation is intended to provide public and government facilities, such as a fire station. The project itself is not altering the land to facilitate this temporary fire station. It is temporary and is a small structure that will utilize an existing City owned parking lot, which will be removed once the permanent fire station is reconstructed. Assistant Planner Rodriguez also noted that the project is exempt from obtaining a coastal development permit based on analysis using subsection 21.52.035.D (Special and Temporary Events). This subsection allows for temporary events, including during holiday weekends such as Memorial Day and Labor Day weekend, so long as the project is not creating a significant impact. In this case, the project includes a temporary installation of structures and will occupy only 6% of non-ADA parking spaces on the property. A fire station is a necessity in this geographical area for emergency responses, and it was determined that the East Ocean Front Lot would be the most suitable site. While there is a temporary displacement of parking, the project is not significantly impacting coastal resources, coastal views, and public access such as the East Ocean Front boardwalk. There would be a significant and negative impact on public access without a temporary fire station as it is a critical and essential facility. The project assists in facilitating safety to not only residents, but also visitors to the Balboa Peninsula area. Additionally, the project’s operation is temporary in nature and will be removed once the reconstruction of Fire Station No.1 is complete. Assistant Planner Rodriguez states that alternative project sites were considered, specifically Palm Street Lot. However, the utilization of Palm Street Lot would generate a significant impact to the surrounding commercial businesses due to the project likely occupying all of Palm Street Lot’s 60 stalls, including ADA stalls, which displaces an entire parking lot for customers and visitors. In contrast, the project’s current location will only occupy 42 out of 614 spaces and will not be occupying ADA stalls. Assistant Planner Rodriguez concluded her presentation and clarified that additional explanation regarding alternative sites and traffic can be discussed by Assistant City Engineer, Tom Sandefur, who is the applicant on behalf of the Public Works Department. She also noted that there were public comments received that stated the project’s address provided on the public notice was incorrect. However, she clarified that the address is correct and the public noticed was identified correctly. Zoning Administrator Zdeba opened the public hearing and allowed Assistant City Engineer Sandefur to add any additional explanation regarding the project. Assistant City Engineer Sandefur explained that several factors were considered in selecting a temporary fire station site on the Balboa Peninsula, including space, access for the fire apparatus, utilities, site security, and emergency response times. Assistant City Engineer Sandefur noted Marina Park was considered, but is too far, approximately one mile from Fire Station No.1’s permanent location, which would negatively impact emergency response times. Additionally, the park is approximately half a mile from Fire Station No. 2, which would create an overlap in response times between Fire Station No.1 and Fire Station No.2. On the other hand, Palm Street Lot was also considered, but raised concerns due to its impact on nearby businesses. Palm Street Lot also operates on a two-hour max parking rate, which produces a higher turnover for the public wanting to utilize this lot. Assistant City Engineer Sandefur clarified that the Fire Department had expressed operational concerns with accessing this lot from Palm Street due to traffic congestion caused by vehicles wanting to utilize the Balba Island Ferry. Assistant City Engineer Sandefur stated that A Street Lot was also considered but ultimately ruled out due to conflicts with the adjacent Junior Lifeguard Headquarters, and the lack of adequate turnaround space needed for the fire apparatus. Assistant City Engineer Sandefur also noted that in order for the fire apparatus to access A Street Lot, the Fire Department would need to enter Main Street and access a drive isle in the middle of Peninsula Park, which raised operational concerns. Assistant City Engineer Sandefur explained that B Street Lot was also considered, but overall, the lot is too narrow, lacked a turnaround, and had no easily accessible utilities—requiring utility connections via the alley. Other areas within the Balboa Pier Lot were also considered, but heavy traffic and limited utility access posed challenges. Assistant City Engineer Sandefur noted that utilities that run down Palm Street offered more MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 05/15/2025 Page 6 of 9 convenient utility connections. Therefore, it was concluded that the project’s proposed location proved to be the most feasible to operate a temporary fire station. Assistant City Engineer Sandefur stated that a meeting was held prior to the Zoning Administrator public hearing, and he began addressing some of the public’s concern and the public’s recommendation to utilize Palm Street Lot instead. He first addressed public concern about the fire apparatus crossing the East Ocean Front Boardwalk, which carries heavy foot traffic, to access the project’s location. He explained that vehicles already use Palm and Washington Streets to enter and exit the property and that a fire truck, with lights activated, may prompt pedestrians to yield, and therefore prevent any potential collisions. Therefore, he emphasized that having a fire apparatus enter from Palm Street would not be introducing a new hazard and noted that the City’s lifeguard vehicles currently cross the boardwalk from Palm Street without issue. Assistant City Engineer Sandefur addressed concerns about impacted private views for Rendezvous Condominiums tenants and noted that the temporary modular building would be about nine feet tall. He further stated that several buses, which range between 10 to 13 feet in height, park in front of the condominiums on the Balboa Pier Lot, which is directly adjacent to the project’s location, and in the condominium owners’ view. Assistant City Engineer Sandefur addressed public comments related to noise, noting the Fire Department is mindful of noise, as Fire Station No.1 is already located in a residential area. He also brought into comparison that Fire Station No.5 is located in a residential neighborhood in Corona del Mar and emphasized that the Fire Department are good neighbors and intend to continue operating in such a manner. Assistant City Engineer briefly discussed that the City is also open to enhancing the project’s aesthetics to address public concerns related to aesthetics. He also addressed a major concern about frequent traffic congestion on Washington Street, which is a narrow one-way street. He shared that after consulting with the City Traffic Engineer, the Public Works Department is open to proposing alternative solutions to assist with the flow of traffic during the duration of the project, specifically, placing temporary traffic signage and restriping the parking lot to direct traffic coming from the Balboa Pier Lot onto Main Street. Given that Main Street is operated by a traffic light, he stated that the City Traffic Engineer can adjust the timing on the traffic light on Main Street to minimize traffic congestion coming from that exit. Subsequently, Washington Street would then be utilized by patrons using the East Ocean Front Lot, Rendezvous Condominiums tenants, and the Fire Department. Zoning Administrator Zdeba expressed appreciation for Assistant City Engineer Sandefur addressing much of the public comments received. He then invited the Fire Department’s Assistant Fire Chief, Justin Carr, to add any further explanation to the project's suitability and operational characteristics on the project site. As part of his initial inquiry on operations for the project site, Zoning Administrator Zdeba highlighted a written public comment was received regarding on-site vehicle maintenance. He also asked Assistant Chief Carr if the Fire Department had previous experience with temporary fire stations elsewhere in the City. Assistant Fire Chief Carr shared the Fire Department’s prior experience with temporary fire stations, specifically Fire Station No. 5. He noted that Fire Station No. 5’s temporary location had similar concerns that this project has. He assured that the City’s fire personnel are trained to be mindful of the residents when it comes to the operation of a fire station and noise emissions. He also shared that vehicle maintenance is not performed at the fire stations, but rather the City Yard. He noted that daily checks would be conducted by their fire engineers, but not maintenance. He further added that the Fire Department does not anticipate a fire apparatus significantly impacting traffic as the property already experiences a high volume of vehicles entering and exiting the property. Assistant Fire Chief Carr stated that the Fire Department and Assistant City Engineer Sandefur have been working on a potential project location for about a year. He reiterated that several project locations were taken into consideration such as Marina Park and Palm Lot. However, he emphasized the constraints that were previously noted by Assistant City Engineer Sandefur and reiterated why these lots were not suitable locations to operate a temporary fire station. Assistant Fire Chief Carr stated that the project location was chosen due to its available ingress and egress from Palm Street and Washington Street, site availability, and its minimal impact on the property. He also addressed public concern about safety on the boardwalk and noted that the fire apparatus will be using its lights when crossing the boardwalk. Lastly, he reiterated the alternative solutions to address traffic congestion which was previously mentioned by Assistant City Engineer Sandefur. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 05/15/2025 Page 7 of 9 After Assistant Fire Chief Carr finished his presentation, Zoning Administrator Zdeba allowed the opportunity for members of the public to speak. David Bechok, Matt Sonne, Dennis and Sandra Priest, Lori Koppel, Cathy and George Milutinovich, Cindy Abbott, and Kathleen and Jon Kiralla all spoke individually and in opposition of the project. Much of the concerns were related to emergency response times from the project location, lack of communication with residential tenants/owners about the project location, obstruction of private views, non-compliance with CEQA, potential hazardous runoff from vehicle washing, noise emissions, crossing the Boardwalk and alley to access the project location, not utilizing Palm Street Lot for the project, and the project’s anticipated duration. Once public comments were provided, Zoning Administrator Zdeba requested Assistant City Engineer Sandefur to further clarify why Palm Street Lot was not a sufficient site other than the loss of parking for commercial businesses. Assistant City Engineer Sandefur shared that a resident from the Rendezvous Condominiums provided a suggestion about placing the fire apparatus in the center aisle of Palm Street Lot to directly exit onto East Balboa Boulevard. However, Assistant City Engineer Sandefur noted that this suggestion would require altering the lot’s existing configuration by adding a curb cut to exit onto East Balboa Boulevard. A curb cut would be a more permanent alteration and would become a challenge to manage preventing unauthorized vehicles from attempting to use it. Additionally, Assistant City Engineer Sandefur addressed the concern of crossing the alley to enter and exit the property from Palm Street and Washington Street. He noted that vehicles regularly cross the alley to enter and exit the property. Therefore, the fire apparatus’ entry and exit to the property would not be any different. Zoning Administrator Zdeba then asked for clarification on the duration of the temporary fire station given that the project is expected to be in place for approximately 18 months. Assistant City Engineer Sandefur and Assistant Fire Chief Carr explained that the project timeline aligns with Fire Station No. 1’s construction schedule. While there is no guarantee that the reconstruction of Fire Station No. 1 may not encounter delays, Assistant Chief Carr shared his experience with other fire stations that underwent reconstruction, such as Fire Station No. 2. He noted that Fire Station No. 2 faced weather-related delays which resulted in its reconstruction going two weeks over schedule. However, he clarified that past fire station projects have generally stayed on track with only slight delays. Zoning Administrator Zdeba afterwards asked for clarification if Fire Department vehicles are washed on site. Assistant Chief Carr confirmed the vehicles typically are but offered a solution, stating the fire apparatus and vehicles can be washed at another fire station during the project’s duration to avoid any runoff on the property. Zoning Administrator Zdeba also requested clarification on emergency response times and its effect on the project’s location. Assistant Chief Carr shared that the temporary fire station assists with responding to calls further into Balboa Peninsula, and that the project location may benefit emergency response times given that the temporary location is approximately half a mile southeast from Fire Station No. 2. He does not believe response times would be affected from the north end of Balboa Peninsula given that Fire Station No. 2 may assist in those calls. He also clarified that if needed, the circulation could be modified to help alleviate the concern of vehicular traffic exiting Washington Street. Overall, he reiterated how East Ocean Front Lot is the best location to operate a temporary fire station that meets the objectives of the Fire Department. Prior to the conclusion of the public hearing, Kelly Carlson, who is a business owner in Balboa Village, voiced her support for the project and expressed her concern about Palm Street Lot being considered as an alternative site. She also clarified that she was made aware of the proposed project when the public notice was mailed to the surrounding businesses and residential tenants/owners. She expressed how Palm Street Lot carries ADA stalls that are easily accessible to the public, and that the lot’s 2-hour max parking limit provides a turnover rate which benefits the surrounding businesses. Zoning Administrator Zdeba suggested three conditions of approval regarding a prohibition on vehicle maintenance onsite, a prohibition of vehicle washing onsite, and a minimization of audible sirens. In reply, Assistant City Engineer and Assistant Chief Carr stated that they agree with the amended draft resolution and agree with all the required conditions. Assistant Fire Chief Carr did want to clarify that the sirens are used when MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 05/15/2025 Page 8 of 9 necessary, in traffic for safety, but whether the temporary fire station is placed on the East Ocean Front Lot or Palm Street Lot, the sirens will still be heard from the Rendezvous Condominium location. He also noted that Fire Station No. 1’s engine is one of the slower engines in the City. Typically, the fire apparatus rolls out about four to five times a day in the summer and once or twice a day during the winter. Zoning Administrator Zdeba closed the public hearing. He walked through what he viewed as the biggest concerns from the commenters. He clarified that City staff takes CEQA evaluation seriously and he assured the public that the CEQA was not dismissed rather it has been complied with. Class 3 and Class 4 exemptions serve to exempt the project from additional review under the CEQA Guidelines and the exceptions to these Exemptions under Section 15300.2 do not apply. He noted this is a paved parking area that is developed, and the introduction of a temporary fire station does not present significant environmental impacts, especially given there are no permanent structures and the limited duration. Not providing a temporary fire station poses a greater impact on public safety and the environment. He also added that the project could be exempt under Class 11 (Accessory Structures) since the introduction of a temporary fire station will remain accessory to the parking lots, which will remain the predominant use. Noting comments on aesthetics, he emphasized the proposed temporary facility will not have any permanent structures. He clarified that while he appreciates the concerns on impacts to private views, the City does not have any policies in place to protect individual, private views. However, public views are considered, and in this case, they will not be remarkably impacted due to intervening development between the Boardwalk and the ocean. Furthermore, he clarified that the portion of the parking lot proposed to be used is approximately 90 feet away from the residential property where the commenters reside. Regarding the Coastal Zone, he clarified that 21.52.035(D), while not specifically related to temporary land uses, has been used in past practice to determine whether such proposals are exempt from a CDP. In this case, the proposed use meets all the criteria, including the fact it will not significantly impact the public use of roadways or parking areas, nor will it significantly impact access to the coastal resources in the area. As the staff report identifies, although the temporary fire station takes up nearly half the parking lot segment where it is proposed, there will still be one of the largest parking pools available to serve visitors to the City’s coastal resources with well over 600 spaces. If the temporary fire station was located in the Palm Street lot, it is likely the entire lot would be temporarily closed off, which would pose a significant impact to access. He highlighted that the proposed temporary station will be located on an existing parking lot. Many of the concerns surround traffic patterns; however, there are vehicles currently enduring those today – they are using the same access points and traversing over the boardwalk. The Fire Engineers and those handling the Fire Department’s equipment are well trained and will be more apt at navigating those patterns than a visitor to the area. He noted that Public Works has discussed the merits of the operations with the City Traffic Engineer. If the temporary fire station meets the objective of the Fire Department in terms of response times and operational needs, then the Public Works Department and City Traffic Engineer can work to provide signage and alter traffic patterns on an as-needed basis. Since this is a temporary fire station, the great part is it can remain agile. In conclusion, he expressed great appreciation for the members of the public who took the time to comment. He emphasized that this is a temporary facility being placed in the best possible location out of all those studied. If it turns out to not function such that it meets the Fire Department’s objectives, then Fire’s operations would be revisiting the location and how to address any shortcomings. He encouraged any members of the public with concern to continue conversations with the Fire and Public Works Departments. Action: Approved as amended V. PUBLIC COMMENTS ON NON-AGENDA ITEMS None. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 05/15/2025 Page 9 of 9 VI. ADJOURNMENT The hearing was adjourned at 11:59 a.m. The agenda for the Zoning Administrator Hearing was posted on May 7, 2025, at 3:00 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 7, 2025, at 2:55 p.m. Benjamin M. Zdeba, AICP Zoning Administrator From: Jim Mosher <jimmosher@yahoo.com> Sent: May 28, 2025 9:50 AM To: CDD Subject: Comments regarding ZA Item 1 (5/29/2025 meeting) Regarding the Draft Minutes of MAY 15, 2025 (Item 1 on the May 29, 2025, Zoning Administrator agenda): 1. I have not read every word of these lengthy minutes, but I notice that while "Assistant City Engineer Sandefur" appears repeatedly, the "Sandefur" part is omitted: (a) at the start of full paragraph 4 on Page 6 of 9, and (b) at the start of the second line from the end of Page 7 of 9. I assume these omissions were unintentional and the name will be added. If it is desired to omit the name in these instances, it would make grammatical sense to insert "the" so as to refer to "The Assistant City Engineer." 2. The last sentence of the partial paragraph at the top of Page 8 of 9 says: "He also noted that Fire Station No. 1’s engine is one of the slower engines in the City. Typically, the fire apparatus rolls out about four to five times a day in the summer and once or twice a day during the winter." I don't know what was said, but this is confusing since I don't suspect the Assistant Chief was referring to either the top speed or rate of acceleration of which the engine is capable. From the remainder of the sentence it appears that by "slower" he meant "less frequently used." If so, I would suggest changing the wording to that. Yours sincerely, Jim Mosher Zoning Administrator - May 29, 2025 Item No. 1a - Additional Materials Received Draft Minutes of May 15, 2025