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HomeMy WebLinkAbout01_10-30-2025_ZA_Minutes - DRAFT Page 1 of 4 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM THURSDAY, OCTOBER 30, 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 Jenny Hannsun, Associate Planner Daniel Kopshever, Assistant Planner James Miclat, Contract Planner II. REQUEST FOR CONTINUANCES None. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF OCTOBER 16, 2025 Zoning Administrator Zdeba acknowledged receiving written comments from Jim Mosher. Seeing no one from the public wishing to comment, he accepted the suggested changes. Action: Approved as amended. IV. PUBLIC HEARING ITEMS ITEM NO. 4 Balboa Residence Coastal Development Permit (PA2025-0140) Site Location: 1204 East Balboa Boulevard Council District 1 Zoning Administrator Zdeba reordered the agenda to hear Item No. 4 first. Jenny Hannsun, Associate Planner, provided a brief project description stating that the applicant requests a coastal development (CDP) permit to demolish an existing duplex and construct a new three-story single-unit dwelling with an attached junior accessory dwelling unit (JADU) and attached two-car garage. The project complies with all development standards and no deviations from the Newport Beach Municipal Code are requested. The site location is on the Balboa Peninsula where the original subdivision contained the Bay Avenue right-of-way. This right-of-way has since been abandoned, and is now developed with private rear patio areas overlooking the Newport Harbor. The patio area and areas beyond are within the California Coastal Commission’s (CCC) jurisdiction, requiring a separate CDP for the work to be completed in that portion of the property. The City’s CDP is intended to cover on the work within the City’s permitting jurisdiction, which contains the proposed single-unit dwelling and JADU. A Coastal Hazards Report and Bulkhead Conditions Report was prepared requiring the project to raise the bulkhead to 10.9 feet (NAVD 88). Since the bulkhead is within the CCC’s jurisdiction, obtaining a CDP from the CCC is required before obtaining a Certificate of Occupancy for the principal dwelling. The property is within the Single-Unit Residential (R-1) Zoning District and therefore the existing duplex is considered nonconforming. The project proposes to construct a single-unit dwelling and JADU, to comply with SB 330 prohibiting density reductions while still complying with the property’s single-unit zoning. The property is not adjacent to a Coastal Viewpoint as determined by the Coastal Land Use Plan. Additionally, the project does not contain any features that would degrade the visual quality of the coastal zone. Vertical MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 10/30/2025 Page 2 of 4 access to the bay is available along D Street. Lateral access is available along the Oceanfront Boardwalk. All development proposed will be on private property and will not impede access to the coast. Associate Planner Hannsun revised Fact 12 in Support of Finding A to strikethrough the statement, “after the lots are merged” since the proposal does not include a lot merger. In response to Zoning Administrator Zdeba, Associate Planner Hannsun confirmed that the bulkhead enhancements are within the CCC’s permitting jurisdiction and that Condition of Approval No. 7 states that the City is not authorizing development in an area where the CCC has jurisdiction. Zoning Administrator Zdeba opened the public hearing. Applicant Jeff Van Voorhis, on behalf of the Owner, stated that he had reviewed the draft resolution and agrees with all the required conditions of approval. Zoning Administrator Zdeba closed the public hearing. Action: Approved as amended. ITEM NO. 2 Uptown Newport Development Agreement Annual Review (PA2025-0159) Site Location: 4321 Jamboree Road Council District 3 Daniel Kopshever, Assistant Planner, provided a brief project description stating that the item is for the annual review of the Development Agreement for Uptown Newport. Assistant Planner Kopshever referenced that the Development Agreements’ entitlement history was included in the staff report. Additionally, he noted that in last review, the Zoning Administrator found that the developer had demonstrated good faith and compliance with the Development Agreement. For this review, the developer’s report covers a period from February 2024 to August 2025. In summary, the construction activities include certificates of occupancy for 24 of 30 units of the Parkhouse Residences, with 26 of those units sold. The Parkhouse Residences HOA became operational in December 2024 and is managed by the Management Trust. The Uptown Newport Residences approved on Lot 1 during Phase 1 have an anticipated submittal by the end of this year and construction starting in 2026. As of December 2024, 44 of 46 affordable units in the south building were occupied. In the north building, 41 of 46 buildings were occupied with all vacant units in the process of being leased. In April 2022, a revised tentative tract map was submitted to adjust street and lot design for future Phase 2 development. Resubmittal of a revised tentative tract map, master site development plan and Environmental Impact Report addendum is anticipated in 2025 for Phase 2 development. Phase 2 development is expected to begin when TowerJazz seizes operations in 2030. In response to a written comment received, Assistant Planner Kopshever stated that the City and developer are making efforts to review compliance with the Development Agreement every 12 months, but due to changes in staff and coordination with the developer, this review is falling outside the 12-month period. Despite being outside the calendar year, the annual review of the development agreement is covering the entire time period since the previous review. Additionally, Assistant Planner Kopshever recognized that the developer’s annual report focused on accomplishments. The City reviewed the Development Agreement and found no evidence of noncompliance. In response to the comment on public benefits, Assistant Planner Kopshever clarified the City received payment of the public benefit fee for the 24 units which have Certificates of Occupancy. Zoning Administrator Zdeba opened the public hearing. Seeing that no one from the public wished to comment, the public hearing was closed. Action: Received and filed, found in good faith compliance. ITEM NO. 3 DeCarrier Residential Condominiums (PA2025-0029) Site Location: 306 Marguerite Avenue Units A, B, and C Council District 6 MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 10/30/2025 Page 3 of 4 Daniel Kopshever, Assistant Planner, provided a brief project description stating that the request is for a tentative parcel map (TPM) and coastal development permit (CDP) to demolish an existing three-unit dwelling and the construction of a new, three-story, two-unit 3,886-square-foot two-unit residence with 430 square feet of attached, single-car garages and two carport spaces. The project also includes an Accessory Dwelling Unit (ADU) for a total of three dwelling units on the site. The TPM is requested to allow individual sale of the primary units. The ADU will be associated with Unit A, and can only be sold with Unit A. The property is in the Multiple Residential (RM) Zoning District. The project will not change the property’s land use, density or intensity. The project complies with all development standards, including height and setbacks. The project is not expected to impact coastal access or recreation opportunities. Coastal access is provided on Ocean Boulevard and by the Corona del Mar Main Beach ramp, which is approximately 900 feet southwest of the property. The nearest designated Coastal Viewpoint is on Ocean Boulevard, which is approximately 635 feet southwest of the property. Assistant Planner Kopshever highlighted that Condition of Approval No. 2 requires demolition of the existing structure prior to recording of the TPM. The project also includes Conditions of Approval requiring public improvements, such as reconstruction of sidewalks, curbs and gutters along Marguerite Avenue. In response to a written comment received, Assistant Planner Kopshever clarified construction is allowed from 7 a.m. to 6:30 p.m., Monday through Friday, and no construction is allowed on weekends. He also stated that the building permit has a three-year timeline from the date of issuance. In response to concerns for dust and debris from construction, a construction pollution prevention plan was prepared. In response to a written comment regarding the 200-square-foot floor area exemption, Assistant Planner Kopshever noted the exemption is referenced in Footnote 3 to Table 21.18-4 of the Newport Beach Municipal Code. The resolution will be updated to reflect the correct reference. Although the request includes a TPM, the demolition and construction of the new three-unit residence necessitates approval of a CDP. The standard Conditions of Approval for CDPs were inadvertently omitted from the draft resolution. As such, Assistant Planner Kopshever indicated they would be added to the final resolution and proceeded to read them into the record. Zoning Administrator Zdeba noted that the added Condition of Approval regarding demolition beyond the approved scope of work should be stricken from those that were newly added since the project proposes to demolish the entire triplex. Zoning Administrator Zdeba opened the public hearing. Applicant Mark Teale, on behalf of the Owner, stated that he had reviewed the draft resolution and agrees with all the required conditions of approval, including those that were added as standard conditions related to the CDP. Contractor, George Montesantos, reiterated that the project will retain a total of three units in compliance with state law. He also added that the proposed design conforms with all applicable standards. In response to a written comment mentioned by Zoning Administrator Zdeba, George Montesantos estimated a three-day demolition process. Seeing that no one from the public wished to comment, the public hearing was closed. Action: Approved as amended. ITEM NO. 5 DeFranco Residence Coastal Development Permit No. (PA2025-0088) Site Location: 2772 Circle Drive Council District 2 MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 10/30/2025 Page 4 of 4 James Miclat, Contract Planner, provided a brief project description stating that the request is for a coastal development permit (CDP) to allow a 709-square-foot addition and remodel to an existing single-unit residence. The project complies with all applicable development standards including setbacks, height, and parking. A coastal development permit is required as the project includes more than a 10% increase in floor area within the coastal zone. Contract Planner Miclat acknowledged receiving written public comments and agreed to update the final resolution with the suggested changes. Specifically, he addressed Fact in Support of Finding No. 2 under Finding B and clarified that since the project is located in a private community, vertical access to bay is instead available adjacent to the Balboa Bay Resort and at Lower Castaways Park. Lateral access is available at several access points along West Coast Highway. Zoning Administrator Zdeba opened the public hearing. Applicant Pat Austin, on behalf of the Owner, stated that he had reviewed the draft resolution and agrees with all the required conditions of approval. Seeing that no one from the public wished to comment, the public hearing was closed. Action: Approved as amended. V. PUBLIC COMMENTS ON NON-AGENDA ITEMS None. VI. ADJOURNMENT The hearing was adjourned at 10:35 a.m. The agenda for the Zoning Administrator Hearing was posted on October 23, 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 October 23, 2025, at 2:12 p.m. Liz Westmoreland, AICP Zoning Administrator From: Zdeba, Benjamin Sent: November 06, 2025 12:14 PM To: Avila, Beatriz Cc: Westmoreland, Liz Subject: Draft Zoning Administrator Meeting Minutes of October 30, 2025 Hi Beatriz, I am writing to confirm I reviewed the draft minutes for the Zoning Administrator meeting on October 30, 2025. They are an accurate representation of the meeting and the actions taken. I recommend the Zoning Administrator approve and file them as drafted, including any suggested edits that may come up to address immaterial typographical and grammatical errors. Thanks, Ben Z. Benjamin Zdeba, AICP Planning Manager Community Development Department Office: 949-644-3253 100 Civic Center Drive Newport Beach, CA 92660 Zoning Administrator - November 13, 2025 Item No. 1a Additional Materials Received Draft Minutes of October 30, 2025 From: Jim Mosher <jimmosher@yahoo.com> Sent: November 12, 2025 3:56 PM To: CDD Subject: Comment on ZA Item 1 (11/13/2025 meeting) Regarding Item 1(Draft Minutes of October 30, 2025) the following correction is suggested on page 2 of 4, Item No. 2, paragraph 1, last sentence: "Additionally, he noted that in the last review, the Zoning Administrator found that the developer had demonstrated good faith and compliance with the Development Agreement." -- Jim Mosher Zoning Administrator - November 13, 2025 Item No. 1a Additional Materials Received After Deadline Draft Minutes of October 30, 2025