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NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM THURSDAY, JUNE 15, 2023
REGULAR MEETING – 10:00 A.M.
I. CALL TO ORDER – The meeting was called to order at 10:00 a.m. Staff Present (Remote): Benjamin M. Zdeba, AICP, Zoning Administrator Chelsea Crager, Senior Planner
Liz Westmoreland, Senior Planner Oscar Orozco, Assistant Planner
Liane Schuller, Planning Consultant II. REQUEST FOR CONTINUANCES
None. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF MAY 25, 2023
Action: Approved as amended
IV. PUBLIC HEARING ITEMS ITEM NO. 2 EFK Properties LLC Residential Condominiums Coastal Development Permit and Tentative Parcel Map (PA2023-0014) Site Location: 1818 and 1818 ½ West Balboa Boulevard Council District #1
On behalf of Melinda Whelan, Assistant Planner, Chelsea Crager, Senior Planner, provided an explanation of minor corrections made to the draft resolution. On page 6 of 9 under Finding K, correct the references to
Findings which should be “L” and “M”; under Section 4. Decision.3. correct the appeal period to “14 days”; and for Condition of Approval No. 4 add “Title 21 (Local Coastal Program Implementation Plan)”.
Applicant Eric King, 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. 3 1123 Balboa Partners LLC Residence Coastal Development Permit (PA2022-0242) Site Location: 1123 East Balboa Boulevard, Units A & B Council District 1
Liane Schuller, Planning Consultant, provided a brief project description stating that the project is a coastal
development permit to demolish an existing duplex and construct a new single-family unit and junior accessory dwelling unit with an attached two-car garage. The project site is in the R-2 residential zone which allows single- and two-unit residential development. The State Department of Housing and Community Development has confirmed in writing that accessory and junior accessory units are considered
MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 06/15/2023
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to be qualifying housing units for the purpose of replacing existing residential units in compliance with SB 8.
She referred to Table 1 on handwritten page 3 of the staff report, which summarizes the project’s compliance with applicable development standards, including setbacks, floor area, height and parking. The project includes ocean front hardscape that may be approved by an encroachment permit; a condition of approval is included to require this permit. The site is fronted by a wide sandy beach, normally greater than 400 feet in width. The Coastal Hazards
and Sea Level Rise Report prepared for the project concludes the site will be reasonably safe from coastal hazards for the anticipated design life of the proposed development. The project complies with all applicable LCP development standards and does not include any features that
would degrade the visual quality of the coastal zone or restrict public access to coastal resources. Public coastal access is available along the East Ocean Front boardwalk. Vertical access to the boardwalk is
available within proximity to the site along C and D streets, identified as public access locations by the CLUP. Applicant Joseph Remick of Sagemodern Architects 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. 4 Shafia Residence Coastal Development Permit (PA2023-0075) Site Location: 2662 Crestview Drive Council District 2
Liane Schuller, Planning Consultant, provided a brief project description stating that the applicant is requesting
approval of coastal development permit to demolish an existing single unit residence and construct a new
two-story, approximately 3,400-square-foot single unit residence and attached three-car garage.
The project complies with all applicable development standards, including setbacks, maximum height and
parking, as summarized in Table 1 on handwritten page 3 of the staff report. The staff report includes
additional information clarifying project conformance with the City’s LCP, including coastal access policies.
The property is in the Bayshores Community, a private gated subdivision that was developed in 1941. The
lot is an interior site, located approximately 400 feet from the Lido Channel waters. The project replaces an
existing single unit residence with a new single unit residence therefore the project does not involve a
change in land use or density that would increase demand on public access or recreation opportunities.
The property does not currently provide, nor does it inhibit public coastal access. Vertical and lateral access
to the bay front is available immediately north of the Bayshores community, at the Balboa Bay Club.
Staff also received a letter from nearby neighbors at 2586 Arbor Drive in support of the project, a copy of
which has been placed in the project file.
The applicant has confirmed agreement with the conditions of approval proposed in the draft Resolution
and Staff is recommending approval of the application.
Applicant Phil Edmondson of Pacific Coast Architects stated that he had reviewed the draft resolution and agrees with all the required conditions.
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Zoning Administrator Zdeba opened the public hearing. Seeing that no one from the public wished to comment, the public hearing was closed. Action: Approved ITEM NO. 5 Bahia Corinthian Yacht Club Telecommunications Facility Coastal Development Permit (PA2022-0163) Site Location: 1601 Bayside Drive Council District 5
Oscar Orozco, Assistant Planner, provided a brief project description stating that the project application is a coastal development permit at 1601 Bayside Drive to allow a new Class 1 stealth wireless telecommunications facility at the Bahia Corinthian yacht club in the PI coastal zoning district. The proposal includes two faux
chimney structures to match an existing faux chimney structure. One of which will house four panel antennas and the other will house two panel antennas for a total of six panel antennas. The proposed
development complies with all applicable development standards. Mr. Orozco stated that in 2018, Coastal Development Permit No. CD2018-067 was approved by the Zoning Administrator, allowing a new faux chimney atop the existing yacht club roof to house six panel antennas.
This structure was never constructed, and the CDP has since expired. He also added that the site is not located in any public viewshed to or along the ocean, bay, beach, or coastal bluffs. The closest public
viewpoint identified in the Coastal Land Use Plan is from Irvine Terrace Park to the east from which the Yacht club building is not visible due to intervening development and landscaping. In addition, the applicant
provided visual simulations demonstrating that the chimneys will blend in with and be architecturally compatible with the existing building as viewed from the water. There is lateral access, and views of the
ocean are also available along an existing 6-foot-wide public sidewalk in front of the project site. The project has been determined to be categorically exempt under the requirements of CEQA pursuant to Section 15303
under Class 3.
Mr. Orozco added that there were some minor cleanup items. On handwritten page 10 Condition of Approval No. 6 should be revised so that the facility shall not exceed 27’ from the finished floor instead of 40’ from
the existing grade.
On handwritten page 11, Condition of Approval No. 13 should be revised so that the applicant provides a single point of contact for “the” carrier instead of “for both” carriers.
Lastly, Mr. Orozco added that one letter of correspondence was received expressing concern with the
project related to the obstruction of views from the residence located at 1608 Bayadere Terrace. As part of the coastal development permit review, the proposed faux chimneys were analyzed for design compatibility
with the site and intervening public viewpoints. The closest public viewpoint identified in the Coastal Land Use Plan is from Irvine Terrace Park to the east from which the Yacht Club building is not visible due to
intervening development and landscaping.
Applicant Damien Pichardo of Coastal Business Group, on behalf of T-Mobile 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 questioned how the project representative, Costal Business Group, is connected to the applicant and whether they were a division of T-Mobile, a lobbyist, or independent group. He also questioned the height of the chimney and was seeking clarification on whether the approved height is for 40 feet or 37 feet tall. In addition, Mr. Mosher asked how staff arrived at 40 feet for the height given the site is in the shoreline height limitation area. Zoning Administrator Zdeba closed the public hearing.
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Zoning Administrator Zdeba confirmed with Mr. Orozco that the City does not have policies to protect individual private views.
In response to Mr. Mosher’s comment, Mr. Orozco stated that the overall height, as identified in the plans, for the approved chimney is 37 feet and 3 inches. In addition, the overall height of 40 feet is permitted since class 1 stealth telecommunication facilities are allowed to go up to the maximum height limit for the baseline zoning district. Zoning Administrator Zdeba added that the site has a history of height being measured from the finished
floor elevation and clarified why Condition of Approval No. 6 had been modified to ensure that the approved height complies. He added that the project is subject to compliance with a height certification. Zoning Administrator Zdeba also added that the city has requirements for lobbyist and that Mr. Orozco
can provide that information to the applicant to ensure compliance with the requirements. Action: Approved as amended ITEM NO. 6 UIP Balboa, LLC Accessory Dwelling Unit Coastal Development Permit and Modification Permit (PA2022-088) Site Location: 1216 West Balboa Boulevard Council District 1
Liz Westmoreland, Senior Planner, provided a brief project description stating that the request is for a coastal
development permit and modification permit to construct a new accessory dwelling unit (ADU) above a new 2-space carport. A prior version of the project was reviewed in November of 2022, that included two ADUs with
no additional or replacement parking. The project was revised to include 1 ADU and would replace existing uncovered parking on-site along with one additional parking space for the ADU. The existing multi-unit structure
on-site includes 7 units and two, 2-car garages that would be converted to carports. An additional tandem space would be located at the back. The ADU is a studio that is less than 400 square feet and includes required
parking. Ms. Westmoreland stated that there would be no impacts on coastal access or views because the proposed roofline matches with the existing roofline of the multi-unit structure and the project provides improves
parking on-site. A modification permit is required because the new two-car carport width is 18 feet, where 20 feet is typically required for a lot this size. The carport can still accommodate two (2) cars. Public comments
are included in the staff report from the prior version of the project and one additional comment was received from Denys Oberman expressing concerns with short term lodging.
Ms. Westmoreland also clarified that the ownership entity changed, and the new owner is 1216 West Balboa
LLC. There are no deviations from the implementation plan. She added one condition to the draft resolution that the existing garage doors and interior wall will be removed and remain open for parking.
Christopher Burt of Cox, Castle, and Nicholson stated on behalf of the applicant that they have reviewed the
draft resolution and accept the conditions of approval, including the additional condition added by Ms. Westmoreland.
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 matter before him is a coastal development permit for an ADU and a modification permit for parking dimensions. The State of California has
minimum statutory requirements related to the review of ADUs and the City can only incentivize them or be more permissive. He stated that there is a deed restriction required for the ADU that prevents short term lodging
and that the project results in net increase of one parking space. Action: Approved as amended
V. PUBLIC COMMENTS ON NON-AGENDA ITEMS
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One member of the public, Jim Mosher, suggested that plans showing encroachments in the seaward public right-of-way should be made aware to the public in the staff report or project description to avoid confusion on what is getting approved by the Zoning Administrator and the Public Works department. He also questioned
the retention of Zoning Administrator audio recordings and why they are not made readily available to the public. Zoning Administrator Zdeba acknowledged and expressed appreciation for Mr. Mosher’s comments. VI. ADJOURNMENT The hearing was adjourned at 10:36 a.m.
The agenda for the Zoning Administrator Hearing was posted on June 8, 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 June 8, 2023, at 5:05 p.m.
Benjamin M. Zdeba, AICP Zoning Administrator
1
From:Jim Mosher <jimmosher@yahoo.com>
Sent:June 28, 2023 12:31 PM
To:CDD
Subject:Suggested corrections to ZA minutes (Item 1, 6/29/2023 meeting)
Regarding Item 1 (Draft Minutes from June 15) on the Zoning Administrator agenda for June 29,
2023, I would like to offer two suggested corrections:
Suggestion 1: Page 3, Item 5, paragraph 1, line 4: in the sentence beginning "One of which
will house ...," the phrase "of which" is unnecessary, sounds ungrammatical (at least to me),
and could be deleted.
Suggestion 2: Page 4, Item 6, paragraph 1, line 9: "provides improves" was probably
intended to read "provides improved" (ending with "d" instead of "s")
-- Jim Mosher
Zoning Administrator - June 29, 2023 Item No. 1a Additional Materials Received Draft Minutes of June 15, 2023