HomeMy WebLinkAbout01a_12-14-2017_ZA_MinutesNEWPORT BEACH ZONING ADMINISTRATOR MINUTES
NEWPORT BEACH ZONING ADMINISTRATOR MINUTES
100 Civic Center Drive, Newport Beach
Corona del Mar Conference Room (Bay E -1st Floor)
Thursday, December 14, 2017
REGULAR HEARING
3:30 p.m.
CALL TO ORDER — The meeting was called to order at 3:30 p.m.
Staff Present: Patrick J. Alford, Zoning Administrator
Rosalinh Ung, Associate Ung
Benjamin Zdeba, Associate Planner
Liz Westmoreland, Assistant Planner
Melinda Whelan, Assistant Planner
II. REQUEST FOR CONTINUANCES
None.
III. MINUTES of November 30, 2017
Action: Approved
12/14/2017
IV. PUBLIC HEARING ITEMS
ITEM NO. 1 2772 Bay Shore Drive Coastal Development Permit No. CD2017-005 (PA2017.019)
Site Location: 2772 Bay Shore Drive Council District 3
Liz Westmoreland, Assistant Planner, provided a brief project description stating that the application is for a
coastal development permit to demolish an existing single family residence and construct a new single-family
residence with a garage and indoor pool. The project conforms to applicable development requirements such
as setbacks, height, etc. The project includes repair and reinforcement of the existing bulkhead including
replacement of tieback and deadmen. A Coastal Hazard and Sea Level Rise Analysis was conducted and
concluded that the project is reasonably safe from coastal hazards. The finished floor elevation of the
proposed dwelling is 12.8 (NAVD88), which complies with the standard. The project would not impede public
access or views and staff recommended approval of CD2017-005 based on the finding and conditions
contained within the resolution.
Applicant Ian Harrison Architect, on behalf of the owner, stated that he had reviewed the draft resolution and
agrees with all of the required conditions.
The Zoning Administrator opened the public hearing. One member of the public, Jim Mosher, spoke and
asked staff to clarify the point of grade measurement - i.e., mean sea level or NAVD 88 - and methodology to
assess the impacts of sea level rise.
There were no other public comments. The Zoning Administrator closed the public hearing.
Staff responded that NAVD 88 is used for grade measurement and provided clarification regarding sea level
rise assumptions and methodology. Ms. Westmoreland stated that although lowest current projection for sea
level rise was utilized, the bulkhead will be able to accommodate additional height in the future without further
bayward encroachment should additional protection be required.
Action: Approved
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NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 12/14/2017
ITEM NO.2 The Fox Residence Coastal Development Permit No. CD2017-067 (PA2017-160)
Site Location: 1120 West Ocean Front Council District 1
Rosalinh Ung, Associate Planner, provided a brief project description stating that the applicant is proposing a
coastal development permit to allow demolition of an existing two-story single-family residence and
construction of a new 3 -story single-family residence of 4,524 square feet in size.
The subject property is zoned R-1 and the new residence complies with development standards including
building height, setbacks, parking and floor area limits. No deviations are requested. A Coastal Hazard
and Sea Level Rise Analysis was prepared for the project and concludes that hazards are not anticipated
to adversely impact the life of the development. The property is not located within 100 feet of coastal
waters. The project design addresses water quality through a construction erosion control plan and a post
construction drainage system. This Coastal Development Permit does not include a request to add or
alter any new or existing improvements, including landscaping, on State tidelands or public beaches.
Existing coastal access and views would not be affected by the development. Staff recommends approval
of CD2017-067.
Applicant Ron Ritner of Ritner Group, Inc., on behalf of the property owner, stated that he had reviewed the
draft resolution and agrees with all of the required conditions.
The Zoning Administrator opened the public hearing.
One member of the public, Jim Mosher, spoke and asked staff to clarify on the point of grade measurement -
i.e. mean sea level or NAVD 88 - and identify the future impact of sea level rise.
Staff respond that NAVD 88 is used for grade measurement and provided clarification for the sea level rise
impact in accordance with the Coastal Hazard and Sea Level Rise Analysis.
There were no other public comments. The Zoning Administrator closed the public hearing.
Action: Approved
ITEM NO. 3 2038 East Ocean Front Coastal Development Permit No. CD2017-046 (PA2017-103)
Site Location: 2038 East Ocean Front Council District 1
Melinda Whelan, Assistant Planner, provided a brief project description stating that the applicant is proposing
a coastal development permit to allow demolition of an existing single-family residence and attached garage
and the construction of a new single-family development with a detached garage. The development complies
with all development standards and no deviations are requested. The subject property fronts the Pacific
Ocean on a large public beach with no bulkhead. The project complies with the minimum 9.00 feet NAVD88
finished floor elevation. The Coastal Hazards Report concluded that it is very unlikely any wave will reach the
site and there will be no beach erosion due to the wide public beach, and that hazards are not anticipated to
adversely impact the life of the development. The project is conditioned to record a waiver of future
protection. Water quality has been addressed by a Construction Pollution Prevention Plan (CPPP) and a
Water Quality and Hydrology Plan (WQHP) which were reviewed and approved by the City's Geologist. The
project does not impact public viewpoints or coastal roads. Corrections to the datum shall be noted on
handwritten Page 8 under Facts in Support of Finding No. 3 under Fact A. +17 MSL (NAVD88) shall read
+17 feet (NAVD88) and 9.00 MSL (NAVD88) shall read 9.00 feet (NAVD88).
Applicant Mark Becker, stated that he had reviewed the draft resolution and agrees with all of the required
conditions. The Zoning Administrator confirmed that there are no public encroachments included in this
application.
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NEWPORT BEACH ZONING ADMINISTRATOR MINUTES
The Zoning Administrator opened the public hearing.
12/14/2017
Paul Lopez, resident had questions on deviation from the Building Code, property ownership, and concern
with construction vehicles blocking access to his garage across the alley
Jim Mosher, resident, commented on the inconsistency of the sea level rise elevations that had been
presented with each project today.
Staff responded Mr. LopeZs questions stating that the project will comply with the Building Code with no
deviations, Mark Becker is the applicant representing the owner, and construction vehicles are not allowed to
obstruct access. Staff responded to Mr. Mosher's question and explained that the sea level rise is a different
analysis depending on what part of the City or waterfront the Ocean it is fronting which could be a different
shape of sand, slope, etc. The Zoning Administrator added that it is site specific for the Coastal Hazard
Report.
The Zoning Administrator reopened the public hearing and the applicant confirmed that he represents the
current owner.
With the corrections to the datum, the Zoning Administrator approved the item.
Action: Approved
ITEM NO.4 3803 Marcus Avenue Coastal Development Permit No. CD2017-079 (PA2017-185)
Site Location: 3803 Marcus Avenue Council District 1
Melinda Whelan, Assistant Planner, provided a brief project description stating that this is a request for a
coastal development permit to demolish an existing duplex and the construction of a new 3- story, single-
family dwelling and attached garage. The project includes the repair and reinforcement of the existing
bulkhead. The project complies with all development standards. No development is proposed bayward of
existing development. The repair and reinforcement of the exiting bulkhead will increase the bulkhead to 10
feet MLLW (9.82 feet NAVD88). The Coastal Hazards Report concluded, with the reinforced bulkhead, it is
unlikely flooding, wave run-up, or erosion will significantly impact this property over the life of the
development. The reinforced bulkhead assembly allows an increase in height without further bayward
encroachment if the sea level rise exceeds the projections in the Coastal Hazards report. The finished floor of
the proposed development meets the minimum requirement of 9.00 feet (NAVD88) and also includes water
proofing. The project is conditioned for the owner to record a waiver of future protection. A geotechnical
investigation was provided and water quality was addressed through the Water Quality and Hydrology Plan
(WQHP) and the erosion control plan. The WQHP was reviewed and approved by the City's Geologist. The
project does not impact public access, public views, or coastal roads and staff recommends approval to the
Zoning Administrator.
The applicant was not present but staff confirmed that they had reviewed the draft resolution and agrees with
all of the required conditions.
Zoning Administrator asked Staff to confirm if corrections were needed for the datum.
The Zoning Administrator opened the public hearing.
One member of the public, Jim Mosher, spoke and stated that Fact No. 3 under Finding A. in the Resolution
should correct 9.00 MSL (NAVD88) to 9.00 feet (NAVD88). Mr. Mosher also questioned the inconsistent
levels of the bay that is referenced in Finding No. 4 in the Resolution and in the Staff Report.
Staff responded that the bay level elevation in the Resolution is the most common/consistent maximum bay
level and the bay level in the Staff Report is the highest high tide. Both are from the Coastal Hazards Report.
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NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 12/14/2017
With the corrections to the datum, the Zoning Administrator approved the item.
Action: Approved
ITEM NO. 5 Davis Residence Coastal Development Permit No. CD2017-035 (PA2017-085)
Site Location: 88 Linda Isle Council District 5
Benjamin Zdeba, Associate Planner, provided a brief project description stating that this is a request for a
coastal development permit to demolish an existing single-family residence and the construction of a new
two-story, single-family residence. The project does not include the repair and reinforcement of the existing
bulkhead, as its condition was reviewed and deemed to be in generally good condition at this time. The
project complies with all development standards. No development is proposed bayward of existing
development. The finished floor of the proposed development exceeds the minimum requirement of 9.00 feet
(NAVD88) and also includes water proofing up to two additional feet. A geotechnical investigation was
provided and water quality was addressed through the Water Quality and Hydrology Plan (WQHP)and the
erosion control plan. The WQHP was reviewed and approved by the City's Geologist. He added that the
project site is within Linda Isle, a private gated community, which does not provide public access currently.
Mr. Zdeba recommended adding an additional fact in support of Finding B on handwritten page 10 of the
Resolution. The Zoning Administrator elaborated on the need for the additional fact.
The applicant's representative, Al Saito, was present and confirmed that he had reviewed the draft resolution
and agrees with all of the required conditions.
The Zoning Administrator opened the public hearing.
One member of the public, Jim Mosher, spoke in reference to a discrepancy with the "current maximum" sea
level in the Coastal Development Permits for consideration at this hearing. He also expressed concern
regarding the safety of the proposed structure due to the draft Resolution indicating the water levels would
exceed the top of bulkhead approximately 75 years from now.
Mr. Zdeba responded that the bay level elevation in the Resolution is the most common/consistent maximum
bay level and was pulled from the Coastal Hazards Report submitted with the application. He also added that
the structure and project site were studied by a qualified professional who concluded it would be safe for the
75 -year economic life.
The Zoning Administrator clarified that the development could need additional armory in 75 years, and that
the repair or replacement of the existing bulkhead would require a new coastal development permit. He
added that raising the bulkhead at this single property would not be adequate, as the entire bulkhead system
for Linda Isle would need to be addressed in unison to be effective.
With the recommended additional fact added to Finding B, the Zoning Administrator approved the item.
Action: Approved
ITEM NO.6 Proznik Residence Coastal Development Permit No. CD2017-092 (PA2017-209)
Site Location: 208 Via Lido Nord Council District 1
Benjamin Zdeba, Associate Planner, provided a brief project description stating that this is a request for a
Coastal Development Permit to demolish an existing single-family residence and the construction of a new
two-story, single-family residence. The project does not include the repair and reinforcement of the existing
bulkhead, as its condition was reviewed and deemed to be in generally good condition at this time. The
project complies with all development standards. No development is proposed bayward of existing
development. The finished floor of the proposed development exceeds the minimum requirement of 9.00 feet
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NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 12/14/2017
(NAVD88). A geotechnical investigation was provided and water quality was addressed through the WQHP
and the erosion control plan. The WQHP was reviewed and approved by the City's Geologist. The project site
is located between the nearest public road and the water, but will have no hindrance on public access nor will
it negatively affect any adjacent public views.
The applicant was not present but staff confirmed that they had reviewed the draft resolution and agrees with
all of the required conditions.
One member of the public, Jim Mosher, commented on the adequacy of the existing bulkhead height and
expressed concerns regarding using the lowest estimate for sea level rise over the next 75 years.
The Zoning Administrator requested clarification as to whether Mr. Mosher was advocating for the City to use
the highest estimate for sea level rise. He noted the inherent variability of using models to project future sea
level rise. Lastly, he confirmed with staff that using the lowest estimate is consistent with current City policy.
Action: Approved
E. PUBLIC COMMENTS ON NON -AGENDA ITEMS
One member of the public, Jim Mosher, noted that the City's Municipal Operations Department indicates the
actual water levels are often inches to feet higher than the tidal predictions when it comes to flooding on
Balboa Island. He also discussed variability in sea level rise predictions
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The hearing was adjourned at 4:28 p.m.
The agenda for the Zoning Administrator Hearing was posted on December 8, 2017, at 9:40 a.m. in
the Chambers binder and 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 December 8, 2017, at 9:36 a.m.
Patrick Alford, Zoning Administrator
Page 5 of 5
Zoning Administrator- January 25, 2018
ITEM NO. 1Aa - ADDITIONAL MATERIALS RECEIVED
Draft Minutes of December 14, 2017
January 25, 2018, Zoning Administrator Agenda Comments
Comments submitted by: Jim Mosher( immosheno)vahoo.com ), 2210 Private Road, Newport Beach
92660 (949-548-6229)
Item Ill. la. Minutes of December 14, 2017
The following corrections to the draft minutes are suggested
Page 1: Item 1, paragraph 1, last sentence: "The project would not impede public access or
views and staff recommended approval of CD2017-005 based on the finding findings and
conditions contained within the resolution."
Page 2: Item 2, next to last paragraph: "Staff fespend responded that NAVD 88 is used for
grade measurement and provided clarification for the sea level rise impact in accordance with
the Coastal Hazard and Sea Level Rise Analysis."
Page 3: paragraph 4, sentence 2: "Staff responded to Mr. Mosher's question and explained that
the sea level rise is a different analysis depending on what part of the City or waterfront the
Oeean it is fronting which could be a different shape of sand, slope, etc." [?]
Page 3: Item 4, paragraph 2: "The applicant was not present but staff confirmed that they had
reviewed the draft resolution and agFees agree with all of the required conditions."
Page 3: Item 4, paragraph 3: "The Zoning Administrator asked Staff to confirm if corrections
were needed for the datum."
Page 3: Item 4, paragraph 5, sentence 2: "Mr. Mosher also questioned the inconsistent levels
of the bay that is are referenced in Finding No. 4 in the Resolution and in the Staff Report."
Page 4: Item 5, next to last paragraph: "The Zoning Administrator clarified that the development
could need additional armory armoring in 75 years, and that the repair or replacement of the
existing bulkhead would require a new coastal development permit."