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NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM THURSDAY, NOVEMBER 30, 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): Jaime Murillo, Zoning Administrator Liz Westmoreland, Senior Planner
Daniel Kopshever, Assistant Planner Oscar Orozco, Assistant Planner
Jerry Arregui, Planning Technician II. REQUEST FOR CONTINUANCES
None. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF NOVEMBER 16, 2023
Action: Approved
IV. PUBLIC HEARING ITEMS ITEM NO. 2 Goetz Residential Condominium Conversion, Tentative Parcel Map, and Coastal Development Permit (PA2023-0084) Site Location: 2316 Pacific Drive Council District 6
Liz Westmoreland, Senior Planner, provided a brief project description on behalf of Melinda Whelan, Assistant Planner stating that the project is a condominium conversion, tentative parcel map, and coastal development
to allow an existing duplex to be converted into condominium units. The duplex was constructed in 2014 and complies with condominium standards. An inspection was also conducted to confirm the property complied
with the standards. Ms. Westmoreland stated that public comments were provided by Mr. Jim Mosher and that the comments pertaining to typographical errors will be reflected in the resolution. Ms. Westmoreland also
clarified that the building permit requirement is administrative and intended to reflect the change to condominiums. Applicant and owner Andrew Goetz was not present at the hearing, but previously confirmed that he reviewed
the draft resolution and agrees with all the required conditions.
Zoning Administrator Murillo 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 Wickett Residence Coastal Development Permit (PA2023-0140) Site Location: 309 East Bay Front Council District 5 Daniel Kopshever, Assistant Planner, provided a brief project description stating that the project is for a
coastal development permit to demolish an existing carport and construct a new 449-square-foot detached
MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 11/30/2023
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garage, a 319-square-foot addition, a 215-square-foot second floor deck, and stairs to a third-floor deck. The existing development is a two-story, 1,948-square-foot single unit dwelling. The existing structure is non-conforming due to setbacks.
Applicant Ryan Oldham of Oldham Architects, on behalf of the Geoff Wickett, stated that he had reviewed the draft resolution and agrees with all the required conditions. Zoning Administrator Murillo opened the public hearing.
One member of the public, Jim Mosher, spoke and stated that the project should be applying for a variance
because of the NBMC 21.38.040 section which states that additions to nonconforming structures shall not
be permitted in areas identified as hazardous due to erosional factors or coastal hazards. Zoning
Administrator Murillo addressed the specific limitations and considerations applicable to additions to
nonconforming structures pursuant to NBMC 21.38.040 and requested that the resolution be amended to
include said facts. Zoning Administrator Murillo added that the intent of NBMC 21.38.040 prevents
additions to nonconforming structures at risk of coastal hazards and in this case the addition itself has
been identified as safe from coastal hazards for the life of structure by documentation in the record. .
Zoning Administrator Murillo closed the public hearing. Action: Approved as amended
ITEM NO. 4 Tashima Residence Coastal Development Permit (PA2023-0130) Site Location: 32 Beacon Bay Council District 5
Jerry Arregui, Planning Technician, provided a brief project description stating that subject application is a request for a coastal development permit to demolish an existing single-unit dwelling and construct a new
3,571 square foot single-unit dwelling with a 709 square-foot attached accessory dwelling unit (ADU) and a 708 square-foot attached 3-car garage. The development complies with all applicable Newport Beach Municipal Code standards and no deviations are requested.
Planning Technician Arregui acknowledged that public comments had been received for this item from Mr. Jim Mosure and edits to the project legal description has been made as well as including the square footage
of the existing dwelling. Planning Technician Arregui also mentioned that the ADU was incorrectly referenced as an internal ADU and has been edited to state Attached ADU. Arregui acknowledged that parking is not
required for the attached ADU due to the project location being less than half a mile from a transit stop.
Applicant John Robert Walz of Walz: Architecture, on behalf of Paul Tashima, stated that he had reviewed the draft resolution and agrees with all the required conditions.
Zoning Administrator Murillo 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. 5 Reuben Residence Coastal Development Permit (PA2023-0120) Site Location: 1580 East Ocean Front Council District 1
Oscar Orozco, Assistant Planner, provided a brief project description stating that the project is a coastal development permit located at 1580 East Ocean Front to allow the demolition of an existing single-unit dwelling
construction 3,515 square foot, two story single -unit dwelling with an attached 453 square foot two car garage. The project also includes landscaping, hardscaping and site walls. The project complies with all development
standards including floor area limit, setbacks, height, and off-street parking and no deviations from the Newport Beach Municipal Code are requested.
MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 11/30/2023
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Zoning Administrator Murillo opened the public hearing.
One member of the public, William Meyer, spoke and stated that he is a neighbor who lives at 1700 East Ocean Front and has concerns for the chimney setback; the front corner of the building as it is being proposed to be closer to the setback line compared to the existing structure, and the proposed height of the chimney which is higher than the 29’ height limit. Mr. Meyer wanted to express his concerns over these three items and is hoping the property owner of the project site would consider these changes.
Zoning Administrator Murillo closed the public hearing. Zoning Administrator Murillo asked Mr. Orozco to provide additional information on Mr. Meyers concerns. Mr. Orozco stated that the proposed project will comply with the 3’ side yard setback along the I street end and
that the chimney that is proposed in the side yard area is an allowed encroachment per the Newport Beach Municipal Code of no more than 30” as long as it is maintaining 24” to the property line. In addition, the proposed
chimney is exceeding the maximum height for the dwelling unit, however, it is complied with the height exceptions where the chimney can exceed the height limit by 2’ and an additional 2’ for the cap arrestor, and the project is going up an additional 2’ not the total 4’.
Zoning Administrator Murillo stated that he understands the concern over the proposed project and states that most property owners look to build out right to the limit for the development standards, which is something that
is offered to every property owner. When looking at the findings, it’s his responsibility to ensure the facts support the findings. In addition, within the Local Coastal Program, there is no private view protection policies or
requirements, only public view protections. In this particular case, the proposed project complies with all the development standards and the chimney is an allowed encroachment. Based on that, he believes that the
project meets the requirements, and he cannot require any changes be made as part of the approval process, however, the applicant can voluntarily reach out should they wish to do so.
Action: Approved
V. PUBLIC COMMENTS ON NON-AGENDA ITEMS
None.
VI. ADJOURNMENT
The hearing was adjourned at 10:36 a.m.
The agenda for the Zoning Administrator Hearing was posted on November 22, 2023, at 11:00 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 November 22, 2023, at 10:39 a.m.
Jaime Murillo Zoning Administrator
1
From:Murillo, Jaime
Sent:December 07, 2023 2:23 PM
To:Leon, Jasmine
Cc:Martinez, Savannah; Zdeba, Benjamin
Subject:November 30th Zoning Administrator Meeting Minutes
Hi Jasmine,
I have reviewed the meeƟng minutes prepared for the November 30th Zoning Administrator hearing. They appear
accurate and I would recommend the Zoning Administrator approve them as wriƩen, including any small typographical
changes that may come forward from members of the public.
Thanks,
Jaime
Jaime Murillo
Planning Manager
Community Development Department
Office: 949-644-3209 100 Civic Center Drive
Newport Beach, CA 92660
Zoning Administrator - DECEMBER 14, 2023 Item No. 1a Additional Materials Received Draft Minutes of November 30, 2023
December 14, 2023, 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 November 30, 2023
The following corrections are suggested:
Page 1, staff present: “Jaime Murillo, Acting Zoning Administrator” [I seem to recall Mr. Murillo
introduced himself in this way, and suggest he be referred to in that way throughout the
November 30 minutes. I believe the Zoning Administrator position is filled by appointment, and
Mr. Murillo was chosen to temporarily fill in, not as a new appointee.]
Page 2, last paragraph: “Oscar Orozco, Assistant Planner, provided a brief project description
stating that the project is a coastal development permit located at 1580 East Ocean Front to
allow the demolition of an existing single-unit dwelling and construction of a 3,515 square foot,
two story single-unit dwelling with an attached 453 square foot two car garage.”
Page 3, end of paragraph 4: “In addition, the proposed chimney is exceeding the maximum
height for the dwelling unit, however, it is complied complies with the height exceptions where
the chimney can exceed the height limit by 2’ and an additional 2’ for the cap spark arrestor,
and the project is going up an additional 2’ not the total 4’.”
Page 3, paragraph 5, sentence 3: “In addition, within the Local Coastal Program, there is are no
private view protection policies or requirements, only public view protections. In this particular
case, the proposed project complies with all the development standards and the chimney is an
allowed encroachment.”
Zoning Administrator - DECEMBER 14, 2023 Item No. 1b Additional Materials Received Draft Minutes of November 30, 2023