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HomeMy WebLinkAbout01_06-26-2025_ZA_Minutes - DRAFT Page 1 of 6 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM THURSDAY, JUNE 26, 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 Jerry Arregui, Assistant Planner Laura Rodriguez, Assistant Planner Kyle Benalcázar, Planning Technician Cameron Younger, Planning Technician II. REQUEST FOR CONTINUANCES None. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF JUNE 12, 2025 Zoning Administrator Zdeba noted that, while he did not serve as Zoning Administrator at the June 12 meeting, he received additional materials from Principal Planner Liz Westmoreland who did serve. She confirmed the draft minutes are an accurate representation of the meeting and recommended approval. Zoning Administrator Zdeba also acknowledged receiving written comments from Jim Mosher. He indicated he had shared the comments with Principal Planner Westmoreland and that she supported the suggested edits. Seeing no members of the public wishing to comment on the draft minutes, they were approved with the suggested edits from Mr. Mosher incorporated. Action: Approved as amended IV. PUBLIC HEARING ITEMS ITEM NO. 2 Alvarado Residence Coastal Development Permit (PA2025-0034) Site Location: 127 Shorecliff Road Council District 6 Laura Rodriguez, Assistant Planner, provided a brief description stating that the applicant requests a coastal development permit to demolish a single-unit dwelling and to construct a new two-story, 5,025-square-foot single-unit dwelling with an attached 701-square-foot three-car garage. The project complies with all development standards in Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code. The project is not located on the shoreline or within 100 feet of coastal water; however, since the property would contain more than 75% of impervious surface area, a preliminary Water Quality Management Plan (WQMP) was prepared by DZN Engineering on April 2, 2025. The final WQMP will be approved by the building division during the plan check. Assistant Planner Rodriguez explained the project is located between the nearest public road and the sea. However, the project does not involve a change in land use, density, or intensification that results in an increased demand for public access or recreation activities. Also, the site is not near any designated Coastal Viewpoint or Coastal View Road as identified in the Coastal Land Use Plan (CLUP). The nearest Coastal Viewpoint is at Inspiration Point Park, approximately 1,715 feet west of the property, which is not visible from the project site. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 06/26/2025 Page 2 of 6 Assistant Planner Rodriguez noted there is a 10-foot storm drain easement on the eastern side of the property, that was improved with a small gated walkway leading to a coastal viewing area. The easement was recorded in 1966, and improvements were made prior to the enactment of the California Coastal Act. The private walkway and coastal viewing area are not considered public access points by the CLUP. Vertical access to the beach is available on East Coast Highway and Poppy Avenue, approximately 500 feet west of the property. Lateral access is available from Poppy Avenue and Ocean Boulevard through Inspiration Point Park. Assistant Planner Rodriguez stated the project is exempt from CEQA under Section 15303 under Class 3 (New Construction or Conversion of Small Structures). Assistant Planner Rodriguez included a change to the draft resolution under Finding B, emphasizing the 10- foot storm drain easement. Zoning Administrator Zdeba reiterated the 1966 storm drain easement. He added that he had reviewed aerials of the storm drain easement from 1970 showing the walkway improvements in a similar configuration as it is presently. He emphasized that this predates the California Coastal Act. Notwithstanding this, he further noted the replacement of a single-unit dwelling does not provide a roughly proportional nexus to require additional public access beyond the existing conditions. Zoning Administrator Zdeba opened the public hearing. Applicant Eric Olsen, 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. 3 Christian Residential Condominiums Tentative Parcel Map and Coastal Development Permit (PA2025-0086) Site Location: 3601 Lake Avenue Council District 1 Cameron Younger, Planning Technician, provided a brief project description stating that the application is for a tentative parcel map and coastal development permit (CDP). The project is in the Two-Unit Residential (R-2) Zoning District and the lot size is 3,600 square feet. On February 25, 2025, the City Council approved a separate CDP under PA2024-0105 to allow the demolition of a single-unit residence and construction of a new 4,218 square-foot duplex with attached garages. The City Council also waived Policy L-2 to allow vehicular access to remain on 36th Street due to an above-ground utility pole in the alleyway abutting the rear of the Property. The approval of the Tentative Parcel Map will allow for the proposed two-unit residential condominiums to be sold separately. Planning Technician Younger noted the project site is approximately 125 feet from Lower Newport Bay and 500 feet from Newport Island Park, which is the nearest Coastal Viewpoint by the CLUP. As such, she clarified Finding 2 in Support of Finding L noting it should state Newport Island Park as the closest public viewpoint. Planning Technician Younger described the surrounding community as consisting of two- and three-story residences. The proposed development is consistent with the surrounding community and building standards. Planning Technician Younger stated the project is exempt from CEQA under Section 15315 Under Class 15 (Minor Land Divisions), and recommended approval of both the CDP and the Tentative Parcel Map. Zoning Administrator Zdeba recognized the Tentative Parcel Map is primarily for the condominiums, but due to a previous lot reorientation leaving an underlying lot line on the parcel record, this Tentative Parcel Map will clarify the underlying lot lines and show this parcel is one lot for legal development. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 06/26/2025 Page 3 of 6 Planning Technician Younger confirmed the proposed Tentative Parcel Map will clarify the record by removing the underlying lot line. Zoning Administrator Zdeba opened the public hearing. Applicant Matthew Watson, on behalf of DDCFRJ Investments LP, Sams International and Steven Bast, stated that he had reviewed the draft resolution and agrees with all the required conditions. Zoning Administrator Zdeba highlighted Condition of Approval Nos. 5 and 6 related to In-Lieu Park Dedication Fees and Fair Share Fees. Seeing that no one from the public wished to comment, the public hearing was closed. Action: Approved as amended ITEM NO. 4 Gelato Del Mar Minor Use Permit (PA2025-0038) Site Location: 226 Marine Avenue, Unit A Council District 5 Kyle Benalcázar, Planning Technician, provided a brief project description stating that the application is for a minor use permit to allow a Gelato Shop. The General Plan Land Use Category is Mixed-Use Water 2 (MU- W2). Due to the proximity to surrounding land uses the project is categorized as Take-Out Service – Fast Casual. The applicant proposes minor modification to the interior of the unit. Additionally, the project has been conditioned to limit hours to 10:00 a.m. to 10:00 p.m. Sunday through Thursday, and 10:00 a.m. to 11:00 p.m. Friday, Saturday and holidays. No alcohol sales or late hours are proposed. Planning Technician Benalcázar noted the new land use has the same parking requirements as the previous use, and there is no intensification therefore no additional parking is required. Planning Technician Benalcázar noted receiving one written public comment. He clarified in the draft resolution Statement of Fact No. 5 was correct at the time of writing but since then the California Coastal Commission has approved the Local Costal Program (LCP) amendment. As a result, the related ordinance now needs to be adopted by the City Council. Planning Technician Benalcázar recommended the project be exempt from CEQA and recommended approval of the project. Zoning Administrator Zdeba requested that the Statement of Facts, Findings, and the Condition of Approval be updated to reflect the latest action by the California Coastal Commission. Zoning Administrator Zdeba opened the public hearing. Applicant Peter Klebanoff, on behalf of Gelato Del Mar, stated that he had reviewed the draft resolution and agrees with all the required conditions. Zoning Administrator Zdeba noted challenges for businesses on Marine Avenue for containment of trash in the alley. Since the project is changing from a retail establishment to food use, Zoning Administrator Zdeba asked the applicant to confirm there is adequate space within the building to store waste materials before pickup. Applicant Peter Klebanoff noted from experience with his gelato business in Corona del Mar, minimal waste is produced since the gelato is not produced on site. Additionally, he confirmed that most of the waste produced is expected to be cardboard, and he plans to use the larger dumpster at the Corona del Mar location to eliminate the amount of waste stored on site. Zoning Administrator Zdeba noted Condition of Approval No. 15, which states all trash will be stored within the building or dumpsters in the trash enclosure. He clarified the focus of this condition is screening the view of neighboring properties. Zoning Administrator Zdeba also stated there is no dumpster on site, but there is a MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 06/26/2025 Page 4 of 6 lattice enclosing a trash bin in the rear of the property and asked if waste storage could be kept to a minimum on the exterior of the building. Applicant Peter Klebanoff confirmed within the building there is enough space to store waste until the end of the day when all waste will be relocated to the provided bins on the exterior of the property, ensuring all waste is within the containers. Seeing that no one from the public wished to comment, the public hearing was closed. Action: Approved as amended ITEM NO. 5 Celine Facial Spa Minor Use Permit (PA2024-0233) Site Location: 326 Marine Avenue, Suite A Council District 5 Jerry Arregui, Assistant Planner, provided a brief project description stating the application is for a minor use permit to allow additional services, including injectables, at an existing skincare establishment located within a 740-square-foot tenant space. The project is located in the Mixed-Use Water (MU-W2) Coastal Zoning District. The property is a mixed-use building including two commercial units on the first floor, two residential units on the second floor, and access to four garage parking spaces from the rear alley intended to serve the residential units. The Marine Avenue corridor has a variety of uses including office, service, retail, restaurant and residential. The applicant’s business currently operates within Suite A, the space will be improved and reconfigured to include a reception and waiting area, three treatment rooms, and one ADA compliant restroom. These improvements were required by the Building Division as a result of the applicant’s request for additional services in their existing business. Assistant Planner Arregui stated the Newport Beach Municipal Code provides specific examples of the Personal Service – Restricted land use, which includes “Day Spas.” The existing business offers limited skin care services and due to the request to offer additional hydration, rejuvenation and ancillary injectable services, the business will now be categorized as a Personal Services – Restricted land use, subjecting the business to a minor use permit. Assistant Planner Arregui noted the proposed use will not increase the parking requirement for the business as it is not considered an intensification of use, therefore no Coastal Development Permit is required. Assistant Planner Arregui stated that the business intends to operate from 10:00 a.m. to 6:00 p.m. daily and will be closed on Saturdays. Condition of Approval No.12 establishes allowable hours of operation from 8:00 a.m. to 8:00 p.m. daily allowing for flexibility in case future business operations warrant additional hours. These hours of operation are consistent with those of other uses within the Marine Avenue corridor. Assistant Planner Arregui explained that no trash enclosure is provided on site, but there are waste and recyclable bins within the tenant space and the refuse needs will remain the same. The establishment will be cleaned daily with all waste disposed of on site, any hazardous materials, including needles, will be disposed of at an offsite location. Condition of Approval No. 18 requires trash bins to be placed flush against the wall in the rear of the property to avoid encroaching into the alley setback on collection days. Assistant Planner Arregui recognized Condition of Approval No. 22, requiring delivery and service vehicles associated with the project use Marine Avenue rather than park or idle in the alley. Assistant Planner Arregui recommended two conditions of approval in regard to the alley. First, employees of the business shall not use the alley as a break or smoking area. Second, drop-off or pick up of employees shall be prohibited in the alley. Since this business is abutting residential neighborhoods along Grand Canal, the addition of these conditions of approval allows for the business to continue being compatible with the neighboring residential uses. Assistant Planner Arregui concluded by recommending approval of the project with the two additional conditions of approval. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 06/26/2025 Page 5 of 6 In response to Zoning Administrator Zdeba, Assistant Planner Arregui noted he had received a phone call from a concerned resident. He confirmed the added conditions of approval helped to address the concerns. Zoning Administrator Zdeba opened the public hearing. Applicant Brian Cox, 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. 6 CasaDami Café Minor Use Permit (PA2025-0076) Site Location: 2210 Newport Boulevard, Suite 101 Council District 1 Daniel Kopshever, Assistant Planner, provided a brief project description stating that the proposal is for a minor use permit (MUP) to upgrade its existing Alcohol Beverage Control License (ABC) from a Type 41 (Beer and Wine, Eating Place) to a Type 47 (On-Sale General, Eating Place), allowing for a full bar at a restaurant. This MUP does not authorize any new operational changes or changes to the floor plans. The existing floor plan and hours of operation were previously approved by the Conditional Use Permit (CUP) and Coastal Development Permit (CDP) filed under PA2024-0074, which will both remain in effect. Although the project is in the coastal zone it does not require a new CDP or amendments to the existing CDP. Assistant Planner Kopshever noted the Newport Beach Police Department reviewed the MUP request. Despite finding the area has concentration of alcohol related crimes, NBPD noted this is a beach area and tourist attraction, with a variety of land uses explaining the increase in alcohol related service calls, crimes and arrests. NBPD had no issues with the proposed changes to the ABC license. Assistant Planner Kopshever stated that due to conditions restricting late hours, limiting net public area, and preventing operation of the restaurant as a bar or lounge, the expansion of alcohol sales in conjunction with food sales is appropriate and does not create a foreseeable concern for nearby establishments. Assistant Planner Kopshever explained the existing CUP contains conditions of approval limiting noise, enforcing trash storage, and the requested MUP includes conditions requiring responsible service of alcohol. Assistant Planner Kopshever noted a change to the draft resolution, Fact (vi) in Support of Finding A should read “Conditions of Approval Nos. 19 and 22” instead of Conditional of Approval Nos. 15 and 18. Assistant Planner Kopshever noted a change to the draft resolution, all references to Condition of Approval No. 7 should instead read as “Condition of Approval No. 8”. Zoning Administrator Zdeba opened the public hearing. Applicant Chandler Clark, on behalf of the CasaDami Café, stated that he had reviewed the draft resolution and agrees with all the required conditions. In response to Zoning Administrator Zdeba, Assistant Planner Kopshever confirmed that all recommendations from NBPD are incorporated in the resolution. 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 06/26/2025 Page 6 of 6 V. PUBLIC COMMENTS ON NON-AGENDA ITEMS None. VI. ADJOURNMENT The hearing was adjourned at 10:32 a.m. The agenda for the Zoning Administrator Hearing was posted on June 20, 2025, at 12:35 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 20, 2025, at 12:29 p.m. Benjamin M. Zdeba, AICP Zoning Administrator From: Jim Mosher <jimmosher@yahoo.com> Sent: July 08, 2025 10:14 AM To: CDD Subject: Comment on ZA Item 1 (July 10, 2025, meeting) Regarding Item 1 ("Draft Minutes of June 26, 2025") on the July 10th Zoning Administrator agenda: The first full paragraph at the top of Page 4 of 6 says: "Applicant Peter Klebanoff confirmed within the building there is enough space to store waste until the end of the day when all waste will be relocated to the provided bins on the exterior of the property, ensuring all waste is within the containers." I seem to recall Klebanoff saying that at the end of each day he would collect all cardboard waste (stored, until then, inside the building) and take it to his other shop (which I believe he said is in Corona del Mar) for recycling. I do not recall if he said any other waste would be taken to the other shop for disposal, but I don't think he said "all waste" would be placed in the exterior bin(s) as the minutes suggest. -- Jim Zoning Administrator - July 10, 2025 Item No. 1a - Additional Materials Received Draft Minutes of June 26, 2025