HomeMy WebLinkAbout11-20-2018_ZA_Minutes
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MINUTES OF THE MEETING OF THE
NEWPORT BEACH ZONING ADMINISTRATOR
THE REGULAR MEETING WAS HELD ON:
Tuesday, November 20, 2018
3:00 p.m.
THE MEETING WAS HELD AT:
Newport Beach City Hall
100 Civic Center Drive, Newport Beach
Corona del Mar Conference Room (Bay E-1st Floor)
I. CALL TO ORDER – The meeting was called to order at 3:00 p.m.
Staff Present: Patrick J. Alford, Zoning Administrator
Makana Nova, Associate Planner
Liz Westmoreland, Assistant Planner
II. REQUEST FOR CONTINUANCES
None.
III. PUBLIC HEARING ITEMS
ITEM NO. 1 Manly Residence Coastal Development Permit No. CD2018-074 (PA2018-182)
Site Location: 2612 Mesa Drive Council District 3
Liz Westmoreland, Assistant Planner, provided a brief project description stating that the project includes the
partial demolition of an existing single-family residence and construction of a new single-family addition with a
garage. The project complied with all standards and provided substantial setbacks.
Applicant William Guidero, 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 in favor of the project design, noting that the proposed
structure was much smaller than the allowable building envelope. He questioned the inclusion of the standard
conditions pertaining to the waiver of future shoreline protective devices and waiver of hazards contained in
the resolution.
There were no other public comments.
The Zoning Administrator noted that protective devices could be other hazards such as erosion. Ms.
Westmoreland stated that there are other types of protective devices that may be applicable to the site and
that other hazards may be present on the site due to its proximity to the steep hill. The word “shoreline” was
removed from the subject condition.
Action: Approved
MINUTES OF THE MEETING OF THE
NEWPORT BEACH ZONING ADMINISTRATOR 11/20/2018
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ITEM NO. 2 Newport Beach Country Club-Tennis Club Site Coastal Development Permit No.
CD2017-039 (PA2017-091)
Site Location: 1602 East Coast Highway Council District 5
Makana Nova, Associate Planner, provided a brief project description and overview of the project history,
stating that the coastal development permit approved by the California Coastal Commission (CCC) expired in
April of 2015. Therefore, the applicant is now pursuing a Coastal Development Permit (CDP) application
through the City, which now has coastal permit authority. She then summarized the project’s consistency with
the certified Local Coastal Program (LCP), including policies and regulations regarding coastal access,
coastal hazards and the provision of low-cost overnight visitor accommodations. The project was analyzed for
compliance as part of a previously adopted Mitigated Negative Declaration (MND) where there have been no
significant changes to the project. Further, the adjacent Newport Beach Country Club project was analyzed in
the cumulative projects analysis of that MND.
Project Architect, Leland Stearns of Stearns Architecture introduced the project and explained that it is
substantially the same as the original Tennis Club project approved in 2012. The architectural style of the
Villas has been modified slightly to more closely match that of the adjacent craftsman style of the Newport
Beach Country Club project.
Robert O’Hill, applicant and managing owner, provided an overview of the project components and compared
the projects similarity to Rancho Valencia in San Diego. He explained his personal connection to the project
site and desire to bring this new Tennis Club project to the City.
The Zoning Administrator confirmed with staff that the CCC originally reviewed the project for conformance
with the Coastal Act where the City is now tasked with reviewing the project for conformance with the City’s
certified LCP.
The Zoning Administrator then asked about any significant deviations in this analysis and Ms. Nova
responded that the project had been reviewed for conformance with regulations related to low-cost overnight
visitor accommodations. These regulations require an additional feasibility and impact analysis. Low-cost
overnight visitor accommodations were mentioned in the original CCC staff report and found that there would
be no significant impact to low-cost overnight visitor accommodations. The City came to a similar conclusion
as the CCC. Although there is a specific impact defined in the certified LCP, the report did not find a direct
nexus between the implementation of the project and the impact to low-cost visitor overnight
accommodations.
The Zoning Administrator further requested clarification regarding the effective dates of the subdivisions and
associated entitlements. Ms. Nova explained that the project subdivisions and other entitlements are tied
together through the Development Agreement, which became effective on September 27, 2012 and that the
effective date runs for a 10-year duration through 2022. Therefore, the associated entitlements are bundled
together and effective through the Development Agreement.
The Zoning Administrator asked if the CCC had specifically reviewed the Development Agreement. Ms. Nova
explained that the Approval in Concept application package submitted to the CCC included all resolutions
and ordinances approving the project, including the Development Agreement. Further, the Development
Agreement was referenced in the Appendix B project description portion of the Approval in Concept package
submitted to CCC. However, the Development Agreement was not specifically referenced in the Intent to
Issue a CDP authorized by the CCC. The Zoning Administrator further confirmed that the current CDP
application could stand on its own.
The Zoning Administrator went on to mention public comments submitted by Still Protecting Our Newport
(SPON) and Jim Mosher describing concern about the noticing process. Ms. Nova described the Notice of
Filing process for this project and explained that the project site had been posted twice with the Notice of
Filing, once in May of 2017 when the application was first submitted, and again in May of 2018, since the
original notices had since been removed from the site.
MINUTES OF THE MEETING OF THE
NEWPORT BEACH ZONING ADMINISTRATOR 11/20/2018
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Regarding comments relating to off-street parking, Ms. Nova explained that an updated parking exhibit for the
site has been provided by the applicant and described the parking requirement relative to the Planned
Community Development Plan and proceeded to provide an overview of parking for each component of the
project. She also mentioned that there are two parking easement areas with the Irvine Company that provide
additional parking supply for the project in addition to what is available on-site. The parking provided is
consistent with the parking required in the Planned Community Development Plan.
The Zoning Administrator opened the public hearing.
One member of the public, Jim Mosher, spoke and clarified that he had been able to locate the tentative tract
map in the Zoning Administrator packet. He noted that the notice of filing had been absent from the site for
many months and that some of the public notices had fallen or been removed from the site. He expressed his
concern related to the effectiveness of the Development Agreement. He stated the Coastal Development
Permit must be consistent with the General Plan and that to the layman this project is not consistent with
Table L1 of the General Plan. He requested further clarification whether the adjacent Country Club project
was contemplated in the adopted MND for CEQA compliance. He mentioned that the Lido House Hotel
project included a mitigation fee to the CCC for impacts to low-cost visitor accommodations whereas the
analysis for this project suggests a fee is not required.
There were no other public comments.
Ms. Nova, confirmed again that the site had been posted in accordance with the requirements of the Local
Coastal Program for the notice of filing and for the Zoning Administrator hearing.
The Zoning Administrator went on to clarify that the LCP requires the project to comply with development
limits established in the General Plan. The project review thus requires consistency with the certified LCP,
which provides different thresholds for development that may not exceed the General Plan development
limits. The Planning Commission and City Council found that the project was consistent with the development
limits of the General Plan. Staff confirmed that they are therefore confident that the existing CEQA analysis is
sufficient to act on the current CDP application.
Ms. Nova noted that the original project planner, Rosalinh Ung, Senior Planner, was present to clarify the
background of the project’s analysis relative to the Mitigated Negative Declaration for CEQA compliance
related to the Newport Beach Country Club and Tennis Club projects. Ms. Ung explained that the project
MND for the Golf Club Site already considered options for a larger golf club site (up to 50,000 square feet)
since there were two competing projects processed concurrently.
At the request of the Zoning Administrator, Mr. O’Hill described the process for the Low Cost Overnight
Visitor Accommodations analysis, where a consultant, CBRE Hotels, was hired to analyze the project for
compliance with the City’s certified Local Coastal Program requirements. He summarized the report and
added that the cost of the individual units is high; however, the pricing is somewhat moderated since the units
provide roll-out couches, kitchen facilities, and laundry facilities, which help lower the overall cost of stay for
guests staying in the bungalows.
Ms. Nova reviewed the Notice of Intent from the CCC and confirmed that there were no conditions of
approval requiring youth and senior programs for the project although that may have been a point of
discussion at the CCC meeting.
The Zoning Administrator did not grant the written requests for continuances, stating that no additional data
was presented that would provide value in continuing the item. The Zoning Administrator then took the
recommended action and adopted the draft resolution approving the Coastal Development Permit.
Action: Approved
MINUTES OF THE MEETING OF THE
NEWPORT BEACH ZONING ADMINISTRATOR 11/20/2018
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IV. PUBLIC COMMENTS ON NON-AGENDA ITEMS
None.
V. ADJOURNMENT
The hearing was adjourned at 3:48 p.m.
The agenda for the Zoning Administrator Hearing was posted on November 15, 2018, at 2:30 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 November 15, 2018, at 3:50 p.m.
Patrick J. Alford
Zoning Administrator