HomeMy WebLinkAbout05-10-2018_ZA_MinutesNEWPORT BEACH ZONING ADMINISTRATOR MINUTES 05/10/2018
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NEWPORT BEACH ZONING ADMINISTRATOR MINUTES
100 Civic Center Drive, Newport Beach
Corona del Mar Conference Room (Bay E-1st Floor)
Thursday, May 10, 2018
REGULAR MEETING
3:30 p.m.
I. CALL TO ORDER – The meeting was called to order at 3:30 p.m.
Staff Present: Jaime Murillo, Zoning Administrator
Rosalinh Ung, Senior Planner
Makana Nova, Associate Planner
Melinda Whelan, Assistant Planner
David Lee, Planning Technician
Liane Schuller, Contract Planner
II. REQUEST FOR CONTINUANCES
Liane Schuller, Contract Planner, requested that Item 9 be continued to the Zoning Administrator hearing of
June 14, 2018 in order to allow the applicant additional time to work with Public Works on the location of the
driveway access for the new home.
The Zoning Administrator granted staff’s request and continued the public hearing until June 14, 2018.
III. APPROVAL OF MINUTES
ITEM NO. 1 Minutes of April 26, 2018
Action: Continued to May 24, 2018 Zoning Administrator Meeting.
IV. PUBLIC HEARING ITEMS
ITEM NO. 2 Gladstone-Lamas Residence Coastal Development Permit No. CD2018-008 and
Modification Permit No. MD2018-003 (PA2018-021)
Site Location: 1100 West Balboa Boulevard Council District 1
Makana Nova, Associate Planner, provided a brief project description stating that the request is for approval
of a modification permit and coastal development permit to allow a 627-square-foot (17 percent) addition to
the rear unit of an existing duplex. The duplex has nonconforming parking where the garage constructed in
1972 provides a width of 18 feet 3 inches where a width of 18 feet 6 inches is required. A carport was
subsequently authorized with a modification permit, which currently provides a width of 8 feet 3 inches where
a width of 10 feet is required. A modification permit is requested to add a fourth tandem carport space with a
reduced width of 8 feet 3 inches and to authorize the size of the proposed addition for a structure with
nonconforming parking dimensions. The property is located on the Balboa Peninsula and the project would
be eligible for a categorical exclusion order but the proposed development exceeds 1.5 times the buildable
area of the lot. The project does not pose a public access issue and complies with Coastal Land Use Plan
standards. There is an existing site wall that projects 6 inches into the 11TH street right-of-way and this wall
must be reduced to 36 inches in height prior to the final of building permits for the project. Public Works will
require an encroachment permit and encroachment agreement to authorize this wall. Staff believes the
proposed project offers the most cost effective alternative that minimizes the amount of structural alterations
to achieve the applicant’s objectives.
The Zoning Administrator asked for additional clarification regarding the existing site wall. He asked for some
discussion of the alternative to remove the wall and confirmed that the existing block wall serves to delineate
NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 05/10/2018
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between public and private improvements. Ms. Nova agreed that the wall provides property security for the
applicant and keeps the vehicle in the carport from unintentionally blocking the adjacent sidewalk area.
Applicant, John Morgan, 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. Seeing that no one from the public wished to comment
the public hearing was closed and the Zoning Administrator approved the application as requested.
Action: Approved
ITEM NO. 3 520 and 520 ½ Acacia Avenue Condominiums Tentative Parcel Map No. NP2018-003
and Coastal Development Permit No. CD2018-007 (PA2018-015)
Site Location: 520 and 520 ½ Acacia Avenue Council District 6
David Lee, Planning Technician, provided a brief project description stating that the request is for approval of
a tentative parcel map and coastal development permit for the demolition of an existing duplex, and the
construction of a new duplex with an attached two-car garage and two-car carport. The proposed
development is consistent with the zoning code standards, including parking, height, setbacks and floor area.
The tentative parcel map would allow for each unit to be sold separately as condominiums. There are no
waivers of the subdivision development standards. The project is located in Corona del Mar and is not
between the nearest public road and the sea or shoreline.
Applicant James “Buzz” Person, 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. Seeing that no one from the public wished to comment
the public hearing was closed.
Action: Approved
ITEM NO. 4 423 Orchid Avenue Condominiums Tentative Parcel Map No. NP2018-004 (PA2018-
016)
Site Location: 423 Orchid Avenue Council District 6
David Lee, Planning Technician, provided a brief project description stating that the request is for approval of
a tentative parcel map for the demolition of an existing duplex, and the construction of a new duplex with an
attached two-car garage and two-car carport. The lot is zoned as two-unit residential, and the tentative parcel
map would allow for each unit to be sold separately as condominiums. There are no waivers of the
subdivision development standards. Mr. Lee requested that an additional condition be added to the resolution
that states, “Subsequent to the recordation of the parcel map, the applicant shall apply for a building permit
for a description change of the subject project development from “duplex” to “condominium.” The
development will not be condominiums until this permit is final. The building permit for the new construction
shall not be final until after recordation of the parcel map.” The Zoning Administrator requested that the
language for Finding G of the resolution be revised, since the mentioned section has been repealed by
Legislature.
Applicant James “Buzz” Person, 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. Seeing that no one from the public wished to comment
the public hearing was closed.
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Action: Approved
ITEM NO. 5 611 & 611 ½ Narcissus Avenue Tentative Parcel Map No. NP2018-002 (PA2018-014)
Site Location: 611 & 611 ½ Narcissus Avenue Council District 6
Melinda Whelan, Assistant Planner, provided a brief project description stating that the request is for a
tentative parcel map for condominium purposes. An existing duplex has been demolished and a new two-unit
dwelling is currently under construction. No waivers of Title 19 (Subdivisions) are proposed and the map
would allow the units to be sold separately. The units conform to all Code requirements. Public improvements
are conditioned to be provided such as damaged concrete along Narcissus Avenue pursuant to Title 19. Staff
was able to make all of the required findings and recommends approval to the Zoning Administrator with the
following minor correction to the Resolution Finding G.1.: “California Business and Professions Code Section
11000.5 has been repealed by the Legislature. However, this Project site is not considered a “land project” as
previously defined in Section 11000.5 of the California Business and Professions Code because the Project
site does not contain 50 or more parcels of land.”
Applicant James “Buzz” Person, 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. Seeing that no one from the public wished to comment
the public hearing was closed.
Action: Approved
ITEM NO. 6 Recklaw, LLC Tentative Parcel Map No. NP2018-005 (PA2018-017)
Site Location: 422 and 422 ½ Orchid Avenue Council District 6
Melinda Whelan, Assistant Planner, provided a brief project description stating that the request is for a
tentative parcel map for condominium purposes. An existing single-family dwelling has been demolished and
new two-unit dwelling is currently in the building permit process. No waivers of Title 19 (Subdivisions) are
proposed and the map would allow the units to be sold separately. The units conform to all Code
requirements. Public improvements are conditioned to be provided such as damaged concrete along Orchid
Avenue pursuant to Title 19. Additionally, a park fee will be assessed prior to map recordation for the
increase of one unit in conjunction with the map. Staff was able to make all of the required findings and
recommends approval to the Zoning Administrator with the following minor correction to the Resolution
Finding G.1.: “California Business and Professions Code Section 11000.5 has been repealed by the
Legislature. However, this Project site is not considered a “land project” as previously defined in Section
11000.5 of the California Business and Professions Code because the Project site does not contain 50 or
more parcels of land.”
Applicant James “Buzz” Person, 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. Seeing that no one from the public wished to comment
the public hearing was closed.
Action: Approved
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ITEM NO. 7 712 Marguerite Avenue Tentative Parcel Map No. NP2018-006 (PA2018-018)
Site Location: 712 Marguerite Council District 6
Melinda Whelan, Assistant Planner, provided a brief project description stating that the request is for a
tentative parcel map for condominium purposes. An existing single-family dwelling has been demolished and
a new two-unit dwelling is currently under construction. No waivers of Title 19 (Subdivisions) are proposed
and the map would allow the units to be sold separately. The units conform to all Code requirements. Public
improvements are conditioned to be provided such as damaged concrete along Marguerite Avenue pursuant
to Title 19. Additionally, a park fee will be assessed prior to map recordation for the increase of one unit in
conjunction with the map. Staff was able to make all of the required findings and recommends approval to the
Zoning Administrator with the following minor correction to the Resolution Finding G.1.: “California Business
and Professions Code Section 11000.5 has been repealed by the Legislature. However, this Project site is
not considered a “land project” as previously defined in Section 11000.5 of the California Business and
Professions Code because the Project site does not contain 50 or more parcels of land.”
Applicant James “Buzz” Person, on behalf of the Owner, stated that he had reviewed the draft resolution and
agrees with all of the required conditions. Mr. Person mentioned that the neighboring property owner had left
written comments with him related to a property line wall under construction. The letter was submitted as part
of the public record.
The Zoning Administrator opened the public hearing. Seeing that no one from the public wished to comment
the public hearing was closed.
Action: Approved
ITEM NO. 8 Hallock Condominiums Tentative Parcel Map No. NP2018-007 and Coastal
Development Permit No. CD2018-020 (PA2018-046)
Site Location: 117 & 117-½ 29th Street Council District 1
Liane Schuller, Contract Planner, provided a brief project description stating that the applicant requests
approval of a tentative parcel map (TPM) and associated coastal development permit (CDP) for
condominium purposes. Recordation of the Final Map will allow each residential unit to be sold
individually. The project site has been approved for the construction of a new duplex, to replace an
existing residential duplex. The General Plan and Zoning designations for the property allow two unit
residential development. The site is located in the R -2 Zone, and the approved development is consistent
with all applicable zoning code standards, including height, setbacks and floor area. Public improvements
are required of the applicant in conjunction with the TPM. The Public Works department has reviewed the
project and provided COA, which are included in the draft Resolution.
The proposed development complies with the standards and approval requirements of the City’s Local
Coastal Program. The parcel map for condominium purposes does not involve a change in the intensity
or density of land use that would create an increased demand in public access and recreation
opportunities. The approved development complies with all local coastal plan development standards,
maintains a building envelope consistent with the existing pattern of development in the vicinity, and will
therefore not degrade the visual quality of the Coastal Zone.
Applicant James “Buzz” Person, on behalf of the property owner, stated that they had reviewed the draft
resolution and agree with all of the required conditions.
The Zoning Administrator opened the public hearing. Seeing that no one from the public wished to comment
the public hearing was closed.
NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 05/10/2018
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Action: Approved
ITEM NO. 9 Bakshi Residence Coastal Development Permit No. CD2018-022 (PA2018-057)
Site Location: 127 Jade Avenue Council District 5
Continued to June 14, 2018.
ITEM NO. 10 Stone Residence Coastal Development Permit No. CD2017-083 (PA2017-193)
Site Location: 3702 Park Lane Council District 1
Liane Schuller, Contract Planner, provided a brief project description stating that the applicant requests
approval of a coastal development permit to demolish an existing single -family residence and construct
new three-story, 2,234 SF SFD with an attached two-car garage. The site is an approximately 1,750
square foot lot in the R-1 zone on the Balboa Peninsula, and the proposed residence is consistent with all
applicable zoning code standards, including parking, height, setbacks and floor area restrictions. The
project site is an inland lot that does not currently provide nor does it inhibit pub lic coastal access. Lateral
coastal access is provided nearby. To the east of the site, Lake Avenue provides lateral access along the
Rialto Channel. West Ocean Front, located across Balboa Boulevard and approx. 600 feet west of the
site, provides lateral access to the public beach area. Vertical access is provided at multiple street ends
throughout the neighborhood. The project complies with all applicable LCP development standards and
maintains a building envelope consistent with the zoning of the site and the pattern of neighborhood
development. The project will therefore not degrade the visual quality of the Coastal Zone or result in
adverse impacts to public views.
Property owner Joel Stone stated that he had reviewed the draft resolution and agrees with all of the required
conditions.
The Zoning Administrator opened the public hearing. Seeing that no one from the public wished to comment
the public hearing was closed.
Action: Approved
ITEM NO. 11 Annual Review of Development Agreement for Uptown Newport (PA2014-039)
Site Location: 4311-4321 Jamboree Road Council District 3
Rosalinh Ung, Senior Planner, provided a brief project description stating that this is an annual review of
Development Agreement for Uptown Newport Planned Community for the development of a mixed- use
residential project consisting of 1, 244 residential units, two one-acre public parks, and 11, 500 square feet of
retail uses. The DA became effective on April 22, 2013. The term of the DA is 15 years, and has two, 5- year
extension options. The earliest expiration could be in 2028. The staff report contained a list of past
considerations and approvals for the entire development including a summary of construction- related
activities for Phase 1 development. To date, public benefit fees and park in- lieu have been paid as permits
for the Phase 1 apartment project have been issued in May 2017. After reviewing the attached annual report
and applicable documents, staff believes that the applicant is in good faith compliance with the terms and
conditions of the DA and First Amendment.
Applicant Tom Bitney, on behalf of Uptown Newport, LP, stated that he had reviewed the staff report and
concurs with staff recommendation.
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The Zoning Administrator opened the public hearing. Seeing that no one from the public wished to comment
the public hearing was closed.
Action: Approved
E. PUBLIC COMMENTS ON NON-AGENDA ITEMS
None.
F. ADJOURNMENT
The hearing was adjourned at 4:03 p.m.
The agenda for the Zoning Administrator Hearing was posted on May 4, 2018, at 10:15 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 May 4, 2018, at 11:00 a.m.
Patrick J. Alford, Zoning Administrator