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NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM THURSDAY, JULY 15, 2021
REGULAR MEETING – 10:00 A.M.
I. CALL TO ORDER – The meeting was called to order at 10:00 a.m. Staff Present (Remote): Jaime Murillo, Zoning Administrator Matthew Schneider, Principal Planner
David Lee, Associate Planner Joselyn Perez, Assistant Planner
Afshin Atapour, Planning Technician II. REQUEST FOR CONTINUANCES None.
III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF JUNE 24, 2021
The Zoning Administrator opened the public hearing.
One member of the public, Mr. Jim Mosher, suggested two typographical corrections.
The Zoning Administrator closed the public hearing. Action: Approved as Amended
IV. PUBLIC HEARING ITEMS ITEM NO. 2 Atria Newport Beach Signage Comprehensive Sign Program No CS2020-007 and Modification Permit No. MD2020-009 (PA2020-270) Site Location: 393 Hospital Road and 4000 Hilaria Way Council district 2
Joselyn Perez, Assistant Planner, provided a brief project description stating that the request is for a
comprehensive sign program to establish standards for signage at an existing senior living facility. Also, included in the request is an application for a modification permit to allow two wall signs that exceed the maximum allowable sign area of the zoning district by more than 30 percent. Assistant Planner Perez described the project site and the surrounding uses and listed the deviations requested by the sign program. She
highlighted that the project has been conditioned to require the illumination in the wall sign abutting the residential use be turned off between the hours of 10 p.m. and 6 a.m. to prevent a nuisance.
The Zoning Administrator asked if the architectural projection on Sign Type 1 and Sign Type 3 had been included in the allowed height listed on the sign matrix. Assistant Planner Perez clarified that the projection had not been included in the sign height listed in the sign matrix. The Zoning Administrator requested that the sign
matrix be revised to the reflect the height of the sign including the projection and then added to Condition of Approval No. 9, stating that Sign Type 5 be installed with an automatic timer.
Applicant Howard Curtis of GNU Group 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.
MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 07/15/2021
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One member of the public, Mr. Jim Mosher, made a comment. He identified a typographical error on handwritten page 9 and then asked for clarification on whether the project site was developed with two buildings
or one and which address should be used on the project signage. The Zoning Administrator closed the public hearing. In response to the Zoning Administrator’s request for clarification regarding the two buildings, Assistant Planner Perez responded that users of the facility can access both buildings and that the buildings are connected by a
covered walkway. In response to the Zoning Administrator’s question, Mr. Curtis answered that 393 Hospital Road would be used as the primary address.
Action: Approved as Amended
ITEM NO. 3 Voss Residential Condominiums Coastal Development Permit No. CD2021-019 and Tentative Parcel Map No. NP2021-004 (PA2021-094) Site Location: 3907 and 3909 Marcus Avenue Council District 1
Afshin Atapour, Planning Technician, provided a brief project description stating that this is for a Coastal Development Permit (CDP) and tentative parcel map to allow the demolition of an existing duplex and
construction of a new 4,081-square-foot, three-story, two-unit condominium with two attached single-car garages totaling 464 square feet and two carport spaces. The project includes landscape, hardscape, drainage,
and accessory structures all within the confines of the property. The project also includes a reinforced bulkhead with cap for coastal hazards protection. The project complies with all development standards and no deviations
from the Zoning Code are requested.
Planning Technician Atapour recommended edits to the resolution to update Condition of Approval No. 4 to state, that a waterproofing curb or similar design feature shall be constructed around the proposed residence
as an adaptive flood protection device up to 10.9 feet North American Vertical Datum of 1988 (NAVD88). Flood shields (sandbags and other methods) can be deployed across the openings to protect prevent flooding to the
structure.
The Zoning Administrator requested the staff-recommended edits to be incorporated into the resolution.
The Applicant Brad C. Smith, Architect, 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 for clarification regarding developments on the harbor
front and safety concerns from flooding. Mr. Mosher referenced sea level rise possibly exceeding existing top of bulkhead heights and asked for clarification for current maximum sea level rise. Mr. Mosher also asked for clarification on different consultants preparing reports for the current project.
The Zoning Administrator closed the public hearing.
Mr. Atapour confirmed that there were in fact two different consultants preparing the coastal hazards and bulkhead conditions report. The Zoning Administrator clarified and Mr Atapour confirmed that the standard height of all new coastal
developments with bulkheads shall be at an elevation of 10.9 feet (NAVD88) to protect from future sea level rise. Action: Approved as Amended
MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 07/15/2021
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ITEM NO. 4 Divided Sky SMKJ LLC Residence Coastal Development Permit No. CD2021-010 (PA2021-055) Site Location: 1 Collins Island Council District 5 Afshin Atapour, Planning Technician, provided a brief project description stating that this is for a Coastal Development Permit (CDP) to allow the demolition of an existing single-family residence and construction of a 5,307 square-foot, three-story, single-family residence with an attached 725-square-foot, three-car garage. The project includes landscape, hardscape, and subsurface drainage facilities all within the confines of the private
property. The project also includes a reinforced bulkhead with cap for coastal hazards protection. The project complies with all development standards and no deviations are requested. Planning Technician Atapour recommended edits to the resolution to update Condition of Approval No. 4 to
state, that a waterproofing curb or similar design feature shall be constructed around the proposed residence as an adaptive flood protection device up to 10.9 feet (NAVD88). Flood shields (sandbags and other methods)
can be deployed across the openings to protect prevent flooding to the structure. The Zoning Administrator requested the staff-recommended edits to be incorporated into the resolution.
Todd Skenderian on behalf of the Applicant Ian Harrison, Architect, 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 for clarification regarding if the 10.9-foot standard
elevation addresses safety concerns from flooding. Mr. Mosher asked if the coastal hazards report stated how often sea level rise exceeds the existing top of bulkhead heights.
The Zoning Administrator closed the public hearing.
The Zoning Administrator clarified that the standard height of all new coastal developments with bulkheads
shall be at an elevation of 10.9 feet (NAVD88) to protect from future sea level rise.
Mr. Atapour stated that the reports stated that bulkhead height may be exceeded during high tide or storm events, but it does not necessarily state dates or times of past events.
Action: Approved as Amended
ITEM NO. 5 Irwin Residence Coastal Development Permit No. CD2021-008 (PA2021-036) Site Location: 13 Beacon Bay Council District 5
David Lee, Associate Planner, provided a brief project description stating that the request is for a coastal
development permit to demolish an existing single-unit residence and construct a new 3,880-square-foot, single-unit residence with an attached 712-square-foot, three-car garage. Mr. Lee described the zoning and development standards of the subject property. Mr. Lee stated that a Coastal Hazards Report was provided, which concluded that the project is safe from flooding for the next 75 years. Mr. Lee stated that the project does
not impact public access or views and that it is consistent with the surrounding neighborhood pattern of development.
The Zoning Administrator stated that the resolution addressed the proposed 10.9-foot NAVD 88 waterproofing curb for flood prevention purposes, but did not contain a specific condition of approval to ensure the curb was constructed. The Zoning Administrator requested that staff add the condition of approval to the final resolution.
Applicant Caitlin Smith of Brandon Architects, on behalf of the Owner, stated that she had reviewed the draft resolution and agrees with all of the required conditions.
MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 07/15/2021
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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 as Amended V. PUBLIC COMMENTS ON NON-AGENDA ITEMS None.
VI. ADJOURNMENT The hearing was adjourned at 10:41 a.m.
The agenda for the Zoning Administrator Hearing was posted on July 9, 2021, at 8:00 a.m. 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 July 9, 2021, at 8:30 a.m.
Matthew Schneider Zoning Administrator
July 29, 2021, Zoning Administrator Agenda Comments
Comments submitted by: Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach
92660 (949-548-6229)
Item 1. Draft Minutes of July 15, 2021
The following corrections are suggested:
Page 2, Item 3, paragraph 2, last sentence: “Flood shields (sandbags and other methods) can
be deployed across the openings to protect prevent flooding to the structure.”
Note: The two words in bold match the language added to Condition of Approval No. 4 in the
signed resolution of approval, so they could be what was said, put they do not seem to make
sense grammatically. I assume they were intended to read “protect against” or “prevent” but
not “protect prevent”.
Page 3, Item 4, paragraph 2: “Planning Technician Atapour recommended edits to the
resolution to update Condition of Approval No. 4 3 to state, that a waterproofing curb or similar
design feature shall be constructed around the proposed residence as an adaptive flood
protection device up to 10.9 feet (NAVD88). Flood shields (sandbags and other methods) can
be deployed across the openings to protect prevent flooding to the structure.”
Notes: (1) The Condition of Approval that was modified is No. 3, not 4.
(2) The two consecutive verbs in bold appear, again, in the signed resolution, but do not
seem grammatical to me.
Zoning Administrator - July 29, 2021 Item No. 1a Additional Materials Received After Deadline Draft Minutes of July 15, 2021