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HomeMy WebLinkAbout01_06-12-2025_ZA_Minutes - DRAFT Page 1 of 5 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM THURSDAY, JUNE 12, 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): Liz Westmoreland, AICP, Zoning Administrator Jenny Tran, Associate Planner Laura Rodriguez, Assistant Planner Kyle Benalcázar, Planning Technician II. REQUEST FOR CONTINUANCES None. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF MAY 29, 2025 Action: Approved as amended IV. PUBLIC HEARING ITEMS ITEM NO. 2 Zak Residence Modification Permit and Coastal Development Permit (PA2025-0051) Site Location: 34 Castaways North Council District 3 Jenny Tran, Associate Planner, on behalf of Melinda Whelan, Assistant Planner, provided a brief project description stating that the project is for a modification permit to allow an addition of over 10% to an existing single-unit dwelling that is nonconforming due to a substandard garage as well as a coastal development permit (CDP) as the property is in the coastal zone and between the first public road and the sea. The project proposes a 24% addition to an existing single-unit dwelling with nonconforming parking dimensions. The nonconformity is due to the size where a minimum interior clear dimension of 20 feet wide by 20 feet deep is required and the existing garage is 20 feet, 1 inch wide by 18 feet, 10 inches deep with a substandard depth. The existing garage was permitted at the time the house was constructed but has become nonconforming due to changes to the Zoning Code. The property has an additional one-car garage as well as a long driveway. Although the one-car garage is substandard in depth, the property has other options for additional parking to support the modification permit. Associate Planner Tran provided minor redlines to the draft resolution to include a reference to Title 21 (Local Coastal Program Implementation Plan) to the statement regarding appeals or calls for review. Additionally, a redline was added to Condition of Approval No. 8 to reference the two-car garage. This is to provide clarity that the two-car garage must be maintained free from any obstructions, but there is no requirement to maintain the one-car garage. Zoning Administrator Westmoreland opened the public hearing. Applicant Oscar Almendarez, 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. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 06/12/2025 Page 2 of 5 Action: Approved as amended ITEM NO. 3 Taylor Residence Coastal Development Permit (PA2025-0075) Site Location: 213 Tremont Drive Council District 4 Kyle Benalcázar, Planning Technician, provided a brief project description stating that the applicant is requesting a coastal development permit to allow the removal of an existing single-story, single-unit manufactured home and installation of a new single-story, single-unit manufactured home. The development also includes a driveway, patio, walkways, and entry stairs. The project is not proposing any change in the density or intensification of the land use. The development complies with all applicable Newport Beach Municipal Code Standards and no deviations are requested. The project site is located between the nearest public road and the sea abutting East Coast Highway. The existing residential development neither provides nor inhibits public coastal access or views. The proposed project does not have the potential to degrade the visual quality of the Coastal Zone or result in significant adverse impacts on public views. Planning Technician Benalcázar also indicated that the draft resolution would be redlined to clarify that the Class 3 CEQA exemption also includes new construction, to relocate Fact 3 in Support of Finding 3B to Fact 6 in Support of Finding A and remove the Fire Department conditions of approval as they’re no longer applicable to the project. Zoning Administrator Westmoreland opened the public hearing. Applicant Steve Almquist of Coastline Construction, 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 as amended ITEM NO. 4 Bay House 2100, LLC Residence Coastal Development Permit and Lot Merger (PA2025- 0007) Site Location: 2100 and 2102 East Balboa Boulevard Council District 1 Jenny Tran, Associate Planner, provided a brief project description stating that the project is for a coastal development permit (CDP) to demolish an existing single-unit dwelling on 2102 East Balboa Boulevard as well as a garage and accessory structures located on 2100 East Balboa Boulevard. The project proposes a lot merger to merge the two lots into one single lot and to construct a new 16,211 square-foot two-story single-unit dwelling unit with a 2,730 square-foot basement, a 3,752 square-foot carriage house, and a 994 square-foot internal ADU across the merged lots. The project includes three one-car garages for the single-unit dwelling. The property is bisected by the coastal permit jurisdiction and any work within the portion of the lot that is within the coastal permit jurisdiction requires a CDP from the California Coastal Commission. This CDP is intended to cover the portions of the project within the City’s permit jurisdiction. Associate Planner Tran stated that the two lots had been used as a single lot since around 2018 or 2019 and the project would formally merge the two lots into one lot. The project would comply with all applicable development standards required by the R-1 Zoning District. Several written public comments were provided prior to the hearing and Associate Planner Tran provided some clarity and redlines to the draft resolution to address the concerns. The designated viewpoint in the Coastal Land Use Plan (CLUP) located between 2323 Bayside Drive and 115 and 117 Bayside Place was added in the analysis of nearby viewpoints. This viewpoint, as well as the other viewpoints analyzed, are not impacted by the project. There was also a comment related to the consistency in the pattern of development in this area. An additional fact would be added into the resolution that analyzes two similar properties within the vicinity, 2106 and 2124 East Balboa Boulevard. Both of these lots were originally comprised of underlying lots lines that MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 06/12/2025 Page 3 of 5 were later merged to create a larger lot and develop a single-unit dwelling. Although the subject property has a deeper lot that contributes to a larger lot area, the width of the lot after the lot merger would be comparable to the aforementioned lots. Additionally, there were concerns with the required density of the lot. Although the CLUP designates the density range of 6.0-9.9 dwelling units per acre, the range was intended for neighborhoods as a whole on a regional scale and the City has typically implemented projects according to the Zoning District and Coastal Zoning District, which allows single-unit dwellings and accessory dwelling units. Finally, Associate Planner Tran provided clarification on several conditions of approval including the City Council review for the sewer easement, the reason no park fees are required, and an update to the language for short-term rentals. Applicant Shawna Schaffner of CAA Planning, on behalf of the Owner, stated that she had reviewed the draft resolution and agrees with all the required conditions. Ms. Schaffner also provided additional comments towards the concerns with the pattern of development in the area and agreed the project would be consistent with the required findings and would not create a detriment for other properties to use and enjoy their property. Zoning Administrator Westmoreland opened the public hearing and asked Ms. Schaffner to clarify if she was aware that a portion of the property is in the coastal permit jurisdiction, the requirements for City Council review of the sewer easement, and the requirement to remove one of the docks as a result of the lot merger. Ms. Schaffner affirmed that she is aware of the requirements and is working with Public Works on the sewer easement. One member of the public, Jim Mosher, spoke and asked if the City would require a CDP for lot mergers if the property is within the coastal zone. Zoning Administrator Westmoreland indicated that the California Coastal Commission (CCC) would be required to provide documentation indicating whether the lot merger would be exempt from review or require a waiver or a separate CDP. Zoning Administrator Westmoreland closed the public hearing and stated that adequate facts have been provided to support the required findings along with the redlines to the resolution. Action: Approved as amended ITEM NO. 5 Bayshore Café Minor Use Permit and Operator License (PA2024-0132) Site Location: 100 West Coast Highway, Suite 104 Council District 2 Laura Rodriguez, Assistant Planner, provided a brief project description stating that the request is a minor use permit to increase the hours of operation by one hour for Bayshore Café. The current hours of operation are 6:00 a.m. to 10:00 p.m., daily, and the proposed hours of operation are 6:00 a.m. to 11:00 p.m. daily. No late hours (after 11:00 p.m.) are requested. The application also includes a request to allow live entertainment and dancing for private events. As a result, the applicant is required to obtain an operator’s license from the Newport Beach Police Department to serve alcoholic beverages on-site in conjunction with live entertainment and dancing. A live entertainment permit from the City is also required. Assistant Planner Rodriguez provided additional details regarding the live entertainment and dancing. Assistant Planner Rodriguez stated that if the project was approved, then the minor use permit will supersede the current one, UP2021-036, and that all relevant conditions of approval have been consolidated and incorporated. She also stated that unpermitted interior alterations have taken place within the restaurant. However, the applicant understood that the net public area must not exceed 484 square feet to remain in compliance. Assistant Planner Rodriguez provided a brief background history of the restaurant noting the actions by the Code Enforcement Division related to violations to the existing use permit and the meeting with the City to discuss the violations. She also indicated that no recent violations have occurred, and the applicant has continued to remain in good standing within the last nine months. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 06/12/2025 Page 4 of 5 Assistant Planner Rodriguez stated that the applicant acknowledged that if a new violation occurs, then the City will proceed forward with revocation of the restaurant’s use permit. She also noted that the Code Enforcement Division, including the Police Department, did not have concerns with the project given that the applicant has remained in good standing for the last nine months. In response to a written public comment, Assistant Planner Rodriguez clarified the nature of the two floor plans provided. Assistant Planner Rodriguez also noted several proposed changes to the conditions of approval. She indicated that Condition of Approval No. 5 would be modified to include language that a building permit is required to address any unpermitted work or alterations and that a planning inspection would also occur. She noted that Condition of Approval No. 6 will be modified to include language stating that live entertainment hours are limited from 7:00 a.m. to 11:00 p.m. daily. Lastly, Ms. Rodriguez stated the Conditions of Approval No. 32, 35, and 39 will be removed as they are similar to other conditions Zoning Administrator Westmoreland opened the public hearing. Applicant Abolhassan (Hamid) Hassanzadeh, who is the owner of Bayshore Café, stated that he had reviewed the draft resolution and agrees with all the required conditions. Zoning Administrator Westmoreland asked the applicant to confirm that he has reviewed the draft resolution and accepts the revised changes Assistant Planner Rodriguez indicated in her presentation. The applicant confirmed and accepted the revised changes to the amended resolution. Zoning Administrator Westmoreland asked the applicant to clarify if live entertainment will be taking place inside the restaurant. The applicant confirmed that live entertainment would take place indoors and that he would accept a condition of approval to restrict live entertainment to the interior of the restaurant. Zoning Administrator Westmoreland also requested confirmation that the applicant understands that if a future violation were to occur, then the City may proceed with revocation of the use permit. The applicant confirmed he understood. She also requested confirmation that if the project is approved, the operational changes cannot begin until the end of the two-week appeal period. The applicant stated that he understood. Seeing that no one from the public wished to comment, the public hearing was closed. Zoning Administrator Westmoreland provided closing comments by commending the applicant’s efforts to remain in good standing within the last nine months. She also clarified that the approval of the minor use permit application to allow live entertainment still requires the applicant to obtain the appropriate permit in order to operate with live entertainment and does not relieve the applicant’s requirements complying with the City’s noise ordinance. Action: Approved as amended V. PUBLIC COMMENTS ON NON-AGENDA ITEMS One member of the public, Jim Mosher asked for clarification on whether Zoning Administrator Westmoreland will be the new long term Zoning Administrator as it is not evident in the agenda. VI. ADJOURNMENT The hearing was adjourned at 10:37 a.m. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 06/12/2025 Page 5 of 5 The agenda for the Zoning Administrator Hearing was posted on June 5, 2025, at 2:30 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 June 5, 2025, at 3:23 p.m. Liz Westmoreland, AICP Zoning Administrator From: Jim Mosher <jimmosher@yahoo.com> Sent: June 25, 2025 8:41 AM To: CDD Subject: Comments on ZA Item 1 (6/26/2025 meeting) Regarding the Draft Minutes of June 12, 2025, to be presented at tomorrow's Zoning Administrator hearing, I would suggest these corrections: Page 3 of 5, full paragraph 3, sentence 1: "Zoning Administrator Westmoreland opened the public hearing and asked Ms. Schaffner to clarify if she was aware that a portion of the property is in the coastal Coastal Commission permit jurisdiction, the requirements for City Council review of the sewer easement, and the requirement to remove one of the docks as a result of the lot merger." Page 3 of 5, full paragraph 4, sentence 1: "One member of the public, Jim Mosher, spoke and asked if the City would require Coastal Commission approval of a CDP for the lot mergers if the property is within the coastal zone." [There was no question of whether this property is within the coastal zone. My comment was that the City does not seem to require a CDP for coastal zone lot mergers within in its exclusive jurisdiction, but would it need to see approval, in this case, from the CCC -- something the planner or consultant (I don't recall which) had implied it would? The ZA's response in the following sentence makes more sense if the question is correctly stated. I am also unaware there are more than two lots, so whether it requires dual approval, or not, I think it is "merger" rather than "mergers."] Page 4 of 5, last sentence before "Action": "She also clarified that the approval of the minor use permit application to allow live entertainment still requires the applicant to obtain the appropriate permit in order to operate with live entertainment and does not relieve the applicant’s requirements for complying with the City’s noise ordinance." -- Jim Mosher Zoning Administrator - June 26, 2025 Item No. 1a - Additional Materials Received Draft Minutes of June 12, 2025 From: Westmoreland, Liz Sent: June 25, 2025 10:55 AM To: Leon, Jasmine Cc: Zdeba, Benjamin Subject: Draft ZA Minutes for June 12, 2025 Hi Jasmine, I served as Zoning Administrator at the June 12, 2025 meeting. As such, I have reviewed the draft minutes prepared and can confirm they are an accurate representation of the meeting and actions taken. I recommend the Zoning Administrator approve and file them as submitted along with any suggested changes submitted by the public to correct typographical and/or grammatical errors. Thank you, Liz Westmoreland, AICP Principal Planner Community Development Department Office: 949-644-3234 100 Civic Center Drive Newport Beach, CA 92660 Zoning Administrator - June 26, 2025 Item No. 1b - Additional Materials Received Draft Minutes of June 12, 2025