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NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM THURSDAY, APRIL 27, 2023
REGULAR MEETING – 10:00 A.M.
I. CALL TO ORDER – The meeting was called to order at 9:59 a.m. Staff Present (Remote): Benjamin M. Zdeba, AICP, Zoning Administrator Chelsea Crager, Senior Planner
Afshin Atapour, Assistant Planner Oscar Orozco, Assistant Planner
II. REQUEST FOR CONTINUANCES
Zoning Administrator Zdeba reported that staff requested Item Number 4 be continued to May 11, 2023.
III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF APRIL 13, 2023 Action: Approved as amended
IV. PUBLIC HEARING ITEMS ITEM NO. 2 Fowlkes Residence Coastal Development Permit (PA2022-0311) Site Location: 2722 Bay Shore Drive Council District 2
Chelsea Crager, Senior Planner, provided a brief project description stating that the project is a request for a coastal development permit to allow the demolition of an existing single-unit residence and the construction of
a new, two-story, single-unit residence with an attached three-car garage. The project also includes the repair, reinforcement, and raising of the existing bulkhead. The project complies with all applicable development
standards and no deviations are requested. A coastal hazards report prepared for the property and the draft resolution includes conditions of approval to raise the bulkhead to elevation 10.9 feet NAVD88 and be
adaptable to an elevation of 14.4 feet NAVD88. The project is located within the private Bay Shores community and the site neither provides nor inhibits public coastal access. The project site is visible from the harbor;
however, the development provides a front setback from the water beyond the setback required by the Newport Beach Municipal Code. Statement of Facts number 1 in the draft resolution should be amended to state that the application was submitted by Pat Austin, Architect, on behalf of Cynthia Childs.
Applicant Pat Austin, on behalf of Cynthia Childs, was not present; however, Senior Planner Crager stated that he had received a copy of the draft resolution including required conditions of approval and had no objections.
Zoning Administrator Zdeba opened the public hearing. Seeing that no one from the public wished to comment, the public hearing was closed.
Zoning Administrator Zdeba noted that the title of the draft resolution should be amended to state “single-unit residence” in place of “single-family residence”.
Action: Approved as amended
MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 04/27/2023
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ITEM NO. 3 Hawkes Residence Coastal Development Permit (PA2022-0309) Site Location: 1007 Mariners Drive Council District 3
Jenny Tran, Assistant Planner, provided a brief project description stating that the project is for a coastal development permit to allow the demolition of an existing single-unit dwelling and construction of a new 5,557- square-foot one-story single-unit dwelling with a 2,139-square-foot basement and 851-square-foot three-car garage. The project is within the Bluff Overlay of Upper Newport Bay Bluffs and is subject to marine erosion. The project complies with all applicable development standards including the Bluff Overlay and no deviations are required.
She also stated that a correspondence was received from the Coastal Commission with concerns to the design including a basement as well as the scale of the development. The applicant provided a memo from EGA Consultants, who prepared the geotechnical investigation report, to ensure the findings and recommendations
presented remain valid to the proposed design of the project, including the basement. She also added that EGA Consultants also prepared the geotechnical investigation for the neighboring development that also
includes a basement in the design. The basement is located entirely in Development Area A on an area that is relatively flat. Additionally, she noted that the subject property is relatively larger in size compared to other properties along
Mariners Drive and Galaxy Drive. The lot size is consistent with development on properties that are similar to the subject property.
Correspondence was received from Mr. Jim Mosher regarding the visibility from a viewpoint across Back Bay.
Ms. Tran clarified that the design is sufficiently set back from the bluff and added that Facts in Support of Finding A will be modified to include the memo from EGA Consultants and to address the additional viewpoint.
Applicant William Guidero, on behalf of the Owner, stated that he had reviewed the draft resolution and agrees
with all the required conditions.
Zoning Administrator Zdeba opened the public hearing.
One member of the public, Jim Mosher, spoke and stated that the wording of the square footage of the development was not concise.
Zoning Administrator Zdeba asked Mr. Guidero if, from his experience, basements were common in this
neighborhood and if they were designed in a safe matter. Mr. Guidero confirmed this to be true.
Zoning Administrator Zdeba closed the public hearing. Action: Approved as amended
ITEM NO. 4 Jacob Residence Coastal Development Permit (PA2022-0262) Site Location: 213 and 215 East Edgewater Avenue Council District 1 Action: Continued to the May 11, 2023, Zoning Administrator meeting.
ITEM NO. 5 Forgues Residence Coastal Development Permit (PA2022-057) Site Location: 101 Shorecliff Road Council District 6 Afshin Atapour, Assistant Planner, provided a brief project description stating that the application is for a coastal
development permit (CDP) to allow the removal of existing hardscape and construction of a new 203-square-foot, detached covered cabana, with associated hardscape, within area “B” of the Bluff Overlay District. A CDP is required due to the project’s proximity to the coastal bluff. No changes are proposed to the existing single-unit dwelling on the property. The project complies with all development standards including the Bluff Overlay,
MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 04/27/2023
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height, setbacks, and lot coverage limits and no deviations are requested. All improvements authorized by this CDP will be located on private property.
Afshin Atapour, stated there were edits needed to be made to the Draft Resolution, regarding handwritten page 9, Fact 1 (d) in support of Finding A and on handwritten page 11, Fact 9 in support of Finding A. Also, Afshin discussed one letter of correspondence that was received expressing concern with covered accessory structure height requirements, development standards within area “B” of the bluff Overlay District, and public viewpoints.
Applicant Todd Skenderian, on behalf of the Owner, stated that he had reviewed the draft resolution and agrees with all the required conditions.
Zoning Administrator Zdeba opened the public hearing. Seeing that no one from the public wished to comment, the public hearing was closed.
Action: Approved as amended ITEM NO. 6 Gelato Del Mar Minor Use Permit (PA2023-0035) Site Location: 3500 East Coast Highway, Suite 130 Council District 6
Oscar Orozco, Assistant Planner, provided a brief project description stating that the request is for a minor use permit to allow a gelato shop (take-out service, limited) into an existing 610-square-foot vacant commercial tenant space located at 3500 East Coast Highway. Mr. Orozco added that no seating, no late hours, and no alcohol sales are proposed as part of the application. Mr. Orozco also mentioned that while the applicant proposed varying hours of operation throughout the week, staff recommends the hours of
operation be limited to 10:00 a.m. to 9:00 p.m., daily. In addition, Mr. Orozco stated that the proposed take-out service limited land use requires one parking space per 250-square-feet of floor area, which is the same parking requirement as the previous tenant. According to the nonconforming code section of the Newport Beach Municipal Code, no additional parking is required. Lastly, Mr. Orozco determined that the project is categorically exempt under the requirements of CEQA pursuant to Section 15301 under Class 1.
Applicant Matthew Gummow, on behalf of HIG CDM LLC, stated that he had reviewed the draft resolution and agrees with all the required conditions. Zoning Administrator Zdeba opened the public hearing. Seeing that no one from the public wished to comment, the public hearing was closed. Zoning Administrator Zdeba noted that the CEQA determination on page 5 of the draft resolution was missing and asked staff to amend the final resolution. Action: Approved as amended
V. PUBLIC COMMENTS ON NON-AGENDA ITEMS None.
VI. ADJOURNMENT The hearing was adjourned at 10:28 a.m.
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The agenda for the Zoning Administrator Hearing was posted on April 20, 2023, at 5:15 p.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 April 20, 2023, at 5:00 p.m.
Benjamin M. Zdeba, AICP
Zoning Administrator