HomeMy WebLinkAbout01_09-13-2018_ZA_MinutesNEWPORT BEACH ZONING ADMINISTRATOR MINUTES 9/13/2018
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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, September 13, 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
Jaime Murillo, Senior Planner
Chelsea Crager, Associate Planner
Melinda Whelan, Assistant Planner
II.REQUEST FOR CONTINUANCES
None.
III.APPROVAL OF MINUTES
ITEM NO. 1 MINUTES OF AUGUST 23, 2018
Action: Approved
IV.PUBLIC HEARING ITEMS
ITEM NO. 2 Bode/Merrifield Residence Coastal Development Permit No. CD2018-058 (PA2018-137)
Site Location: 824 Via Lido Nord Council District 1
Chelsea Crager, Associate Planner, provided a brief project description stating that the project was a coastal
development permit to demolish an existing single-family residence and construct a new two-story, single-family
residence with an attached garage on the waterfront at 824 Via Lido Nord. The proposed project complies with
all applicable development standards including setbacks and floor area ratio. The application also includes the
reinforcement of an existing seawall, as recommended in the bulkhead condition report. The property owner will
be required to enter into an agreement with the City waiving the right to future protection from coastal hazards
that would result in seaward encroachment. The property will also be required to sign and record an
acknowledgement of coastal hazards.
Applicant Michael Terry 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 stated asked for verification that the subject application was
not one that would be affected by the recent changes to the City’s Categorical Exclusion Order. He also stated
that project includes the reinforcement of a seawall and asked if the City has permit authority over that scope of
work. Lastly, Mr. Mosher asked about Condition No. 22 regarding compliance with the Migratory Bird Act and
whether it was a standard condition or project specific.
The Zoning Administrator closed the public hearing.
In response to Mr. Mosher’s questions, Associate Planner Crager confirmed that the property is not subject to
the Categorical Exclusion Order and that the City does have permit jurisdiction for repair and maintenance of an
existing seawall. The Zoning Administrator further confirmed that the City has not heard anything to the contrary
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from the California Coastal Commission that would indicate that the City does not have permit jurisdiction over
the seawall. Associate Planner Crager stated that Condition No. 22 is a standard condition.
Action: Approved
ITEM NO. 3 3900 Channel Place Demolition Coastal Development Permit No. CD2018-062 (PA2018-144)
Site Location: 3900 Channel Place Council District 1
Melinda Whelan, Assistant Planner, provided a brief project description stating that the request is for a Coastal
Development Permit to demolish an existing 3,937-square-foot dwelling and a detached 533-square-foot garage.
The subject property is located in the R-2 Coastal Zoning District, which provides for single –and two-unit
residential development and is consistent with the City’s Coastal Land Use Plan, General Plan, and Zoning
Code. The subject property is currently developed with a single-family residence on an existing lot designated for
residential development by the Local Coastal Program. Subsequent construction will require a separate coastal
development permit at a later date. The project design addresses water quality with a construction erosion
control plan and a post-construction drainage system that includes drainage and percolation features designed
to retain dry weather run-off and minor rain event run-off on-site. The project site is located between the nearest
public road and the sea or shoreline; however, the project will not affect the public’s ability to gain access to, use,
and/or view the coast and nearby recreational facilities. Future development of the lots for residential
development as originally subdivided is not anticipated to result in an increased demand on public access and
recreation opportunities. The project site is not located adjacent to a coastal view road, public viewpoint, public
park or beach, or public access way, as identified in the Coastal Land Use Plan. Furthermore, an investigation of
the project site and surrounding area did not identify any other public view opportunities. The project site may be
located within the viewshed of distant public viewing areas. However, the project involves the demolition of an
existing single-family waterfront dwelling abutting 39th Street. The future development of the site with a
replacement dwelling(s) will be required to comply with all applicable LCP development standards. Staff would
like to recommend one change to the resolution and that is to add the migratory bird condition to the conditions
of approval.
Applicant Andrew Patterson of Patterson Construction 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 stated that he thought the demolition and the redevelopment
of the site should have been consolidated into one public hearing.
The Zoning Administrator closed the public hearing.
Action: Approved
Due to the Agenda Items 4 and 5 being related, the Zoning Administrator suggested that the staff
presentation for the two items be combined to reduce duplication. No one from the public opposed .
ITEM NO. 4 Shaoulian East Balboa Residence Coastal Development Permit No. CD2017-088 (PA2017-203)
Site Location: 921 East Balboa Boulevard Council District 1
ITEM NO. 5 Shaoulian East Ocean Front Residence Coastal Development Permit No. CD2018-089 (PA2017-204)
Site Location: 918 East Ocean Front Council District 1
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Jaime Murillo, Senior Planner, explained that the two items are on two separate properties that abut each
other along the rear property lines, but owned in common at this time. Both properties are located within a
residential block between A Street and B Street that did not provide a public alley access as part of the
original subdivision. Over time the City has been acquiring dedications for a future 20 -foot-wide alley through
the redevelopment of lots within the block. However, until the alley is completed, vehicular access to the 918
East Ocean Front lot is not feasible without providing an access easement across the 921 East Balboa
Boulevard lot.
Coastal Development Permit No. CD2017-088 for 921 East Balboa Boulevard would authorize the demolition
of an existing single-family dwelling and phased future residential development. Phase 1 would consist of
developing the site with a driveway, uncovered parking, and landscaping to provide tempo rary vehicular
access to a proposed single-family residence located at 918 East Ocean Boulevard. The temporary driveway
will remain until such time a public alley is constructed providing 918 East Ocean Front vehicular access.
Phase 2 would consist of the demolition of the temporary driveway, parking lot improvements, and
construction of a new, 3,825-square-foot, three-story, single-family residence (including a 1,257-square-foot
subterranean basement) and an attached 387-square-foot, two-car garage.
Coastal Development Permit No. 2017-089 for 918 East Ocean Front would authorize the demolition of an
existing one-story, single-unit dwelling and construction of a new 3-story, 3,379-square-foot single-unit
dwelling (including 1,069-square-foot basement) and 382-square-foot two-car garage.
Both projects are conditioned and designed to include dedications of property at the rear to accommodate
the construction of the 20-foot-wide alley segment between the two properties. Both projects include a
Secant Pile system to construct the basements, eliminating the need to dewater the site. A private
ingress/egress easement will be required to be recorded on the 921 East Balboa Boulevard site for the
benefit of 918 East Ocean Front, until such time the alley is constru cted connecting the sites to either A
Street or B Street.
Mr. Murillo also suggested a change to the facts in support of Finding B for each project clarifying that
although a temporary curb cut is needed for the driveway access from East Balboa Boulevard , project
implementation will result in the demolition of two single -family dwellings that are nonconforming due to
parking and will lead to the development new conforming developments that will provide all required on -site
parking, thereby improving the availability of off-street parking for the public.
He also recommended that the City’s standard condition related to compliance with the Migratory Bird Treaty
Act be added to each resolution.
Applicant Brion Jeannette of Brion Jeannette Architecture, on behalf of the Owner, Emanuel Shaoulian, stated
that he had reviewed the draft resolution and agrees with all of the required conditions. He asked whether there
was flexibility of not having to completely demolish the 921 East Balboa Boulevard dwelling in order to construct
the 918 East Ocean Boulevard dwelling if an access drive could still be accommodated. Zoning Administrator
Alford stated he was not comfortable approving that type of modification to the project without Public Works
review. The applicant understood that if pursued in the future, he may have to request an amendment to the
CDP.
The Zoning Administrator opened the public hearing.
One member of the public, Jim Mosher, spoke and stated that had two questions. The first question was related
whether or not the temporary uncovered parking spaces created on the 921 East Balboa Boulevard would be
available to the public. The second question was related to who would be responsible for developing the alley
improvements.
The Zoning Administrator closed the public hearing.
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Mr. Murillo answered that the uncovered parking spaces would remain private and that the alley would be
constructed by the applicant.
Item No. 4 Action: Approved
Item No. 5 Action: Approved
E. PUBLIC COMMENTS ON NON-AGENDA ITEMS
None.
F. ADJOURNMENT
The hearing was adjourned at 3:31 p.m.
The agenda for the Zoning Administrator Hearing was posted on September 6, 2018, at 4:35 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 September 6, 2018, at 4:30 p.m.
Patrick J. Alford, Zoning Administrator