HomeMy WebLinkAbout08-09-2018_ZA_MinutesNEWPORT BEACH ZONING ADMINISTRATOR MINUTES 08/09/2018
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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, August 9, 2018
REGULAR MEETING
3:00 p.m.
I. CALL TO ORDER – The meeting was called to order at 3:00 p.m.
Staff Present: Patrick J. Alford, Zoning Administrator
Benjamin Zdeba, Associate Planner
Liz Westmoreland, Assistant Planner
Melinda Whelan, Assistant Planner
II. REQUEST FOR CONTINUANCES
III. APPROVAL MINUTES
ITEM NO. 1 Minutes of July 26, 2018
Action: Approved
IV. PUBLIC HEARING ITEMS
ITEM NO. 2 Malek Tentative Parcel Map No.NP2018-019 (PA2018-125)
Site Location: 710 and 701-1/2 Narcissus Avenue Council District 6
Melinda Whelan, Assistant Planner, provided a brief project description stating that the proposed Tentative
Parcel Map is for two-unit 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. The
Tentative Parcel map would allow each unit to be sold individually.
Applicant Pravaneh Golafshan, on behalf of the Owner, stated that she 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. 3 Sailhouse Newport Island, LLC Residences and Tentative Parcel Map No. NP2018-017
and Coastal Development Permit No. CD2018-051 (PA2018-117)
Site Location: 411 39th Street Council District 1
Melinda Whelan, Assistant Planner, provided a brief project description stating that the request is for a
coastal development permit for the construction of a new three-story duplex. The design complies with all
applicable development standards and no deviations are requested. The request also includes a tentative
parcel map for condominium purposes. The Tentative Parcel Map would allow each unit to be sold
individually. No waivers of Title 19 (Subdivisions) are proposed. Although the site has always been zoned R-
2, the site historically has only been developed with a surplus garage for the single-family development at
413 39th Street. Now the owner proposes to utilize the allowed development regulations in the R-2 Zoning
District with the proposed two units on this lot and the tentative parcel map to sell each unit separately. The
finished floor elevation of the proposed residence meets the minimum requirement of 9-foot NAVD88. W ater
quality is addressed with an erosion control plan. The project site is considered to be located between the
NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 08/09/2018
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public road and the sea but the existing development neither provides nor inhibits public coastal access.
Coastal access is provided along the public streets and street ends throughout the neighborhood. The project
site is not adjacent to a coastal view road, public viewpoint, public park or beach, or public access way as
identified in the Coastal Land Use Plan. Whelan concluded for the record there have been additional
comment letters received regarding the general concern of parking and access to the area and an over
concentration of construction on Newport Island. The proposed project meets access requirements and
provides the minimum required parking on-site. Further investigation by staff with the City Traffic Engineer
concluded that the project does not inhibit safety or access, nor is it anticipated to cause construction hazards
with additional vehicles. The construction management will be required to follow standard Municipal Code
regulations and vehicles are not permitted to block red curb areas. A condition of approval was added
requiring the assessment of a park fee for two additional units. The applicant confirmed they had reviewed
the conditions of approval including the added condition.
The applicant was unexpectedly unable to attend the hearing but had confirmed through email agreement
with the conditions of approval.
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 Birch Street Lot Merger No. LM2018-003 (PA2018-113)
Site Location: 4301 and 4321 Birch Street Council District 3
Benjamin Zdeba, Associate Planner, provided a brief project description stating that the applicant requests to
merge two lots that are identically zoned Office Airport (OA). He noted that both lots are 100 feet in width by
290 feet in depth with a resultant area of 29,000 square feet. If combined, the lots would comprise a 58,000-
square-foot parcel that is 200 feet in width. The newly created parcel would comply with the development
standards for new subdivisions in the OA District. He discussed other parcel and lot sizes within the Campus
Tract and stated that the proposed parcel would be well within the range of existing sizes. Therefore, it would
be compatible and consistent with the neighborhood pattern of development. Lastly, he provided an overview
of two General Plan policies that encourage a project of this type.
The property owner, Brad Barrett of 4321 Birch Partners Ltd., 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.
The Zoning Administrator approved the project as submitted.
Action: Approved
ITEM NO. 5 Stupin Demolition and Parcel Map No. NP2018-012 and Coastal Development Permit
No. CD2018-045 (PA2018-100)
Site Location: 3312-3318, 3322, and 3324 Via Lido Council District 1
Liz Westmoreland, Assistant Planner, provided a brief project description stating that the application is a
request for a coastal development permit and tentative parcel map to demolish the existing two-unit
condominium structure and four-unit apartment structure, and consolidate the two properties into one parcel
for future use as a single-building site. She noted that no new construction is included in this application.
Subsequent construction of a new residential structure will require the approval of a separate coastal
development permit. The subject property consists of two lots containing two structures with a total of six
units. The parcel map serves to create one ownership where there are currently three ownerships. The parcel
map and coastal development permit are for properties within a developed neighborhood on the shoreline of
Newport Bay. The project design addresses water quality with a construction erosion control plan. The
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proposed subdivision and improvements are consistent with the density of the RM zone and General Plan.
The property is accessible from Via Lido and adequately served by utilities. There is no sensitive habitat
onsite. The project does not involve a change in land use density or intensity that would result in increased
demand on public access and recreation opportunities. Removal of the existing interior lot line between the
two properties would allow a new structure to be built in the center of the two properties. There are currently
side setbacks along the interior line where there are narrow views of the bay from the street. However, any
existing views lost from the construction in the center of the properties would be offset by the increase in side
setbacks which would be 8 percent of the new lot width per the RM standards. Prior to the recordation of the
parcel map, the existing structures shall be demolished.
Lastly, staff added a Statement to the Statement of Facts on page one of the resolution reflecting the
previous Staff Approval related to the project. Zoning Code Chapter 20.34 and IP Section 21.34 relate to the
demolition of affordable housing within the coastal zone per the MELO act. Because the project includes the
demolition of more than three units in the coastal zone, the staff approval analysis was required to ensure
compliance.
Statement 6 on page one reads as follows: On March 16, 2018, the Community Development Director
approved Staff Approval No. SA2018-006 (PA2018-051) finding the demolition of a four-unit residential
structure is in compliance with the Zoning Code Chapter 20.34 and Local Coastal Program Implementation
Plan Chapter 21.34 (Conversion or Demolition of Affordable Housing). The staff approval concluded that
there will be no conversion of residential to nonresidential uses, and none of the units are and/or were
occupied by low- and moderate-income families or persons.
With the inclusion of this additional fact, staff is recommending approval of the project. The applicant’s
representative, Anne Fox is here today and we are happy to answer any questions.
Applicant Anne Fox of MIG Entitlement Advisors, on behalf of the Owner, stated that they supported the
inclusion of the additional fact regarding the previous administrative approval. She stated that they had
reviewed the draft resolution and agree with all of the required conditions.
The architect from Brandon Architects asked if the condition pertaining to streetlights is required if the future
design conflicts with it.
Ms. Fox stated that the street light condition relates to the current application, the demolition and parcel map,
not future development.
The Zoning Administrator opened the public hearing.
One member of the public, Jim Mosher, spoke and asked for clarification as to why a parcel map was
required for this application and not a lot merger like the previous application.
An unidentified member of the public asked if this was the meeting for the Newport Island construction
permits.
The Zoning Administrator responded that the item was already heard and approved.
There were no other public comments.
Ms. Westmoreland responded that under existing conditions there is one lot with a parcel map for
condominiums containing two ownerships, and a lot containing four apartments. In order to create one
ownership from three ownerships, a parcel map is requested.
Action: Approved
E. PUBLIC COMMENTS ON NON-AGENDA ITEMS
None.
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F. ADJOURNMENT
The hearing was adjourned at 3:22 p.m.
The agenda for the Zoning Administrator Hearing was posted on August 3, 2018, at 2:57 p.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 August 3, 2018, at 2:35 p.m.
Patrick J. Alford, Zoning Administrator