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HomeMy WebLinkAbout01_10-25-2018_ZA_Minutes Page 1 of 8 MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR THE REGULAR MEETING WAS HELD ON: Thursday, October 25, 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 Chelsea Crager, Associate Planner Benjamin Zdeba, Associate Planner David Lee, Assistant Planner Melinda Whelan, Assistant Planner II. REQUEST FOR CONTINUANCES None. III. APPROVAL OF MINUTES ITEM NO. 1a MINUTES OF September 27, 2018 Action: Approved ITEM NO. 1b MINUTES OF October 11, 2018 Action: Approved IV. PUBLIC HEARING ITEMS ITEM NO. 2 Barnes Residence Coastal Development Permit No. CD2018-083 (PA2018-192) Site Location: 209 Tremont Council District 5 Melinda Whelan, Assistant Planner, provided a brief project description stating that the request is for a coastal development permit to allow the removal of an existing single-story manufactured home and the installation of a new single-story manufactured home in the existing Bayside Village Mobile Home Park . Ms. Whelan added that the applicant has reviewed the draft resolution and agrees with the required conditions of approval. The Zoning Administrator opened the public hearing. One member of the public, Denise Oberman, spoke and asked for clarifications on the development standards and the size of the home. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 10/25/2018 Page 2 of 8 Staff explained that the Bayside Village Mobile Home Park was authorized by a use permit in 1958, there is no associated development plan. The approved site plan provides a typical lot configuration with a single carport and outdoor living areas. The proposed manufactured home is in substantial conformance, as it will maintain a similar footprint and provides one covered parking space. The size of the new mobile home will be approximately 1,113 square feet. Denise Oberman additionally asked for confirmation that the new mobile home will provide State Accessibility requirements. Staff responded that all building codes for construction and installation of a manufactured home are contained within the California Health and Safety Code. The State of California Department of Housing and Community Development issues all construction permits. The applicant has provided evidence of approval from the State, as well as the park owner. The Zoning Administrator closed the public hearing and approved the project, as presented. Action: Approved ITEM NO. 3 Hohberg Residence Coastal Development Permit No. CD2018-084 (PA2018-194) Site Location: 27 Saratoga Council District 5 Melinda Whelan, Assistant Planner, provided a brief project description stating that the request is for a coastal development permit to allow the removal of a n existing single-story manufactured home and the installation of a new single-story manufactured home. The property owner’s representative, Lou Spampinato, 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, asked for clarification on the size of the new mobile home compared to the existing mobile home and if the walkway on the parcel adjacent to the bay front is open to the public. Mr. Spampinato stated the current footprint is larger than the one proposed, so the size is decreasing. The Zoning Administrator confirmed that the walkway is on a separate parcel under separate control. Gordon Craig, project manager for Back Bay Landing added that the walkway will be dedicated to public access with the future Bayview Landing project; however, currently the walkway is for residents of the mobile home park and boaters. The Zoning Administrator closed the public hearing and approved the project, as presented. Action: Approved ITEM NO. 4 Gondola Adventures Coastal Development Permit No. CD2018-085 and Limited Term Permit No. XP2018-008 (PA2018-204) Site Location: 200 Bayside Drive Council District 5 David Lee, Assistant Planner, provided a brief project description stating that the request is for a coastal development permit and a limited term permit for more than 90 days to allow a temporary modular office for the purpose of operating gondola boat tours. Mr. Lee requested that a condition of approval be added to the final resolution requiring a Marine Activities Permit be obtained from the Harbor Department prior to the operation of the boat tours. At the Zoning Administrator’s request, staff confirmed that a condition of approval is included requiring the use to cease if the public access way is dedicated as part of the Back Bay Landing project. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 10/25/2018 Page 3 of 8 Applicant Elisa Mohr of Gondola Adventures, provided a brief background of the business. The Zoning Administrator asked the applicant how customers book tours, what routes the boats operate, and if there are alternate docks that the cruises use. The applicant stated that all tours are booked on the internet, the routes vary and depend on coastal tide patterns, and that the boats can dock in multiple locations to pick up and drop off customers. The applicant stated that she 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, asked if there are any improvements to the dock and if additional coastal permits were necessary. Staff confirmed there are no improvements to the dock as part of the project and that the boats are to be docked on existing marina slips. There were no other public comments. The Zoning Administrator approved the project with the additional condition. Action: Approved ITEM NO. 5 BCYC T-Mobile Installation Coastal Development Permit No. CD2018-067 (PA2018-151) Site Location: 1601 (CS) Bayside Drive Council District 5 Benjamin Zdeba, Associate Planner, provided a brief project description stating that the applicant requests a coastal development permit to allow installation of a new wireless telecommunications facility atop the Bahia Corinthian Yacht Club for T-Mobile. He described existing and proposed facilities on the site and the analysis of potential public view and access. The Zoning Administrator clarified whether views from the Bay Front walk on Balboa Island were considered as part of staff’s visual impact analysis. Mr. Zdeba confirmed his visual impact analysis included views to the Yacht Club from the water. Applicant’s representative Maryann Neward, on behalf of the T-Mobile, stated that they had reviewed the draft resolution and agrees with all of the required conditions. The Zoning Administrator opened the public hearing. Jim Mosher, resident, offered a compliment to T-Mobile for proposing a facility design that is stealth and not obtrusive. He expressed concern with one of the coverage map exhibits. Leanne Bowman, resident, questioned whether there was a visual impact analysis conducted from the private neighborhood above on Dolphin Terrace. The Zoning Administrator closed the public hearing. In response to Mr. Mosher’s concern, Ms. Neward described the intent of the coverage maps and discussed the nuance between capacity and coverage. In response to Ms. Bowman’s concern, Mr. Zdeba stated there are no policies in place to protect private views. He clarified that visual impact analyses are conducted from public coastal viewpoints. He added that staff believes the design appropriately blends the facility into the existing structure in a manner that would not make it conspicuous when viewed from any adjacent viewpoint. The Zoning Administrator approved the project, as presented. Action: Approved MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 10/25/2018 Page 4 of 8 ITEM NO. 6 Fanticola Residence Coastal Development Permit No. CD2018-069 (PA2018-161) Site Location: 1120 West Ocean Front Council District 1 Benjamin Zdeba, Associate Planner, provided a brief project description stating that the request is for a coastal development permit to allow the replacement of an existing single-family residence with a new single- family residence. He described the project’s consistency with all required development standards, including protection from coastal hazards and the protection of public access and public views Mr. Zdeba informed the Zoning Administrator that the applicant was unable to attend the public hearing, but confirmed agreement with the conditions of approval, as drafted. The Zoning Administrator clarified that the development is entirely contained on the private property and is not encroaching into the Ocean Front walk. The Zoning Administrator opened the public hearing. A member of the public commented that he had not had a chance to review the project, as he was unable to locate the staff report in the printed materials made available at the hearing. After inspection of the printed materials, Mr. Zdeba located the staff report for Item No. 6. The Zoning Administrator delayed the public hearing on this item. After Item No. 8, the public hearing on this item was reopened. Denys Oberman, resident, expressed concern regarding the second-story balcony encroachment into the Ocean Front setback, as it relates to obstructing views, light and air for those enjoying the boardwalk. She also questioned whether appropriate emergency access is provided on one side of the project site. The Zoning Administrator closed the public hearing. In response to Ms. Oberman’s questions, Mr. Zdeba stated that the second-story balcony encroachment is a permitted encroachment identified within both the Zoning Code and the LCP Implementation Plan. He added there are design requirements, such as cantilevering and transparent railings that help to ensure there is light and air. He stated he was unsure of any view impact the balcony may have to the sunset beyond, as described by Ms. Oberman. Lastly, he confirmed emergency access is to be provided on the eastern side of the property. The Zoning Administrator approved the project, as presented. Action: Approved ITEM NO. 7 Way Residence Modification No. MD2018-006 (PA2018-193) Site Location: 1608 Ruth Lane Council District 3 Chelsea Crager, Associate Planner, provided a brief project description stating that the project is a modification request for a 440-square-foot second-story addition and first floor remodel to an existing, nonconforming single-family residence. Ms. Crager described the nature of the structure’s nonconformity and the proposed modification to allow the second floor to encroach up to three inches into the left side setback. She also described the irregular shape of the lot and that the rest of the addition will be compliant with setback requirements. Ms. Crager presented a redlined draft resolution that makes minor changes to Facts in Support of Finding A and adds additional Fact in Support of Finding B and additional Fact in Support of Finding C. The Zoning Administrator confirmed with staff that copies of the proposed changes to the resolution were made available to the public. The Zoning Administrator confirmed with staff that the project involves a slightly irregularly shaped lot, the existing building is not aligned parallel to the property lines, and the north property MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 10/25/2018 Page 5 of 8 line setback is wider than what the Zoning Code requires. He noted that a condition of approval requires the project to be in substantial conformance with the approved site plan, so the air and light that is provided by the additional 7-inch setback would remain and could not be eliminated without an amendment to the modification permit. Applicant Scott Way stated that he had reviewed the draft resolution and agrees with all of the required conditions. The Zoning Administrator opened the public hearing. There were no public comments. The Zoning Administrator closed the public hearing and approved the project, as presented. Action: Approved ITEM NO. 8 Grimm Residence Coastal Development Permit No. CD2018-070 (PA2018-159) Site Location: 1604 South Bay Front Council District 5 Chelsea Crager, Associate Planner, provided a brief project description stating that the project is a coastal development permit for the construction of a new 5,005-square-foot, two-story, single-family residence and 609-square-foot two-car garage. Ms. Crager described the project’s consistency with all applicable development standards and the existing development pattern of the neighborhood. She added that the property is currently vacant and was previously developed with a single-family residence that was demolished in 2016. She noted that a lot line adjustment was approved by the Zoning Administrator on August 23, 2018, adjusting the property line between the subject property and the adjacent property to the east at 1610 South Bay Front. She also noted on handwritten Page 3 of the staff report, the first bullet point listed under the Hazards heading is included in error. This error is not reflected in the draft resolution. Applicant Ron Ritner 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, asked how the bulk of the development compares to the bulk of the previously demolished residence. Mr. Mosher also stated that he believes that the previously approved lot line adjustment requires approval of a coastal development permit. The Zoning Administrator asked Mr. Mosher if he saw any impacts to public access or coastal resources from the proposed projects. Mr. Mosher stated that he did not. There were no other public comments. The Zoning Administrator closed the public hearing. In response to Mr. Mosher’s question regarding bulk, Associate Planner Crager stated that she did not have information regarding the floor area of the previous development; however, the proposed development is about 2,000 square feet less than the maximum floor area limit. The Zoning Administrator confirmed with staff that prior to the previously mentioned lot line adjustment the subject property could have supported a larger residence in terms of floor area. The Zoning Administrator confirmed with staff that there is no reasonable relationship between the size of the proposed development and impacts to public access and there is therefore no mitigation required. The Zoning Administrator stated that the Coastal Commission was made aware of the lot line adjustment shortly after its approval and has not stated that they believe that the lot line adjustment required a coastal development permit. The Zoning Administrator approved the project, as presented. Action: Approved MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 10/25/2018 Page 6 of 8 ITEM NO. 9 Guo Residence Coastal Development Permit No. CD2018-077 (PA2018-191) Site Location: 515 36th Street Council District 1 Chelsea Crager, Associate Planner, provided a brief project description stating that the project is a coastal development permit for the demolition of a single-family residence and the construction of a new three-story, 4,082-square-foot residential duplex and two, attached, 211-square-foot single-car garages and two covered carports. She described the condition of the existing private bulkhead and proposed reinforcement, the project’s compliance with applicable development standards and consistency with existing and anticipated neighborhood pattern of development. She stated that the project does not have the potential to degrade the visual quality of the Coastal Zone or result in any significant adverse impact to public views. The Zoning Administrator stated that Condition of Approval Number 6 should be amended to state that the repair and reinforcement of the seawall shall not lead to any seaward encroachment. Architect Scott Hudgins of Hudgins Design Group, on behalf of the Owner, Jack Guo, 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, asked for clarity regarding the intensification of use from a single- family residence to a residential duplex. He also asked if staff has received any clarification from the California Coastal Commission regarding jurisdiction over the bulkhead. There were no other public comments. The Zoning Administrator responded to Mr. Mosher and stated that staff has not received any further clarification from the California Coastal Commission regarding jurisdiction over the bulkhead, and that staff ensures that repair does not result in the bulkhead moving seaward. The Zoning Administrator confirmed with staff that the area behind the bulkhead is solid land and is not cantilevered. The Zoning Administrator stated that the City’s permit authority extends to the face of the bulkhead. Associate Planner Crager responded to Mr. Mosher’s comment and stated that while the unit count is increasing from one unit to two units on the property, the increase is not significant and is located in an R-2 Zoning District, where two residential units are permitted. The Zoning Administrator further clarified that while there is an increase in intensity from what is existing, it is consistent with the certified Local Coastal Program and that the Local Coastal Program reflects densities and intensities that are permitted. The Zoning Administrator closed the public hearing and approved the project, with the amendment to Condition of Approval No. 6. Action: Approved ITEM NO. 10 Clarizio Residence Coastal Development Permit No. CD2018-081 (PA2018-190) Site Location: 7401 Seashore Drive Council District 1 David Lee, Assistant Planner, provided a brief project description stating that the request is for a coastal development permit to allow the construction of a third-story roof deck to an existing duplex. Mr. Lee stated that the existing duplex was under construction for an addition and a remodel, and that the construction of the roof deck requires a Coastal Development Permit due to the amount of increased height. Mr. Lee described the zoning and development standards, and stated that the proposed roof deck conforms with the height development standards. Mr. Lee discussed that the proposed roof deck will not impact coastal access or views. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 10/25/2018 Page 7 of 8 Applicant Cory Adams of Oatman Architects, on behalf of the Chris Clarizio, stated that he had reviewed the draft resolution and agrees with all of the required conditions. The Zoning Administrator closed the public hearing and approved the project, as presented. Action: Approved ITEM NO. 11 27 Burning Tree Circle and 1 Big Canyon Drive Lot Line Adjustment No. LA2018-005 (PA2018-148) Site Location: 27 Burning Tree and 1 Big Canyon Drive Council District 5 David Lee, Assistant Planner, provided a brief project description stating that the request is for a lot line adjustment. Mr. Lee stated that the adjustment is between a residential lot and a golf course. Mr. Lee stated that the purpose of the lot line adjustment is to allow the existing residential accessory structures that currently encroach onto the golf course to be located entirely on the residential parcel. Mr. Lee stated that no change in density or intensity is proposed. The Zoning Administrator asked staff how the lot line adjustment affects the General Plan designations, zoning designations, and also sub-areas within the Planned Community, which appears to follow the lot lines of the subject properties. The Zoning Administrator also asked how the residential accessory structures can be located on the golf course, since the golf course land use section does not permit residential accessory structures. Mr. Lee responded that as the lot line adjustment adjusts the lot lines between the residential lot and golf course lot, the planned community land use boundary line will adjust along with the adjusted lot line. The existing accessory structures, which are currently inconsistent with the land use plan, will be located on a residential lot after recordation of lot line adjustment. The Zoning Administrator confirmed that the Community Development Director will use his authority under the Zoning Code to interpret the boundaries between the different land uses in the Planned Community, and that the area with the existing accessory structures will be a part of the residential lot and therefore permitted. Applicant Paul Craft of Apex Land Surveying, on behalf of the owner, stated that he had reviewed the draft resolution and agrees with all of the required conditions. The Zoning Administrator asked the applicant the nature of the accessory structures. The applicant responded that there is a seating area and a vineyard. The Zoning Administrator opened the public hearing. One member of the public, Jim Mosher, asked if the General Plan designation is moving with the lot line, or if the resulting lot will have two different land use designations. The Zoning Administrator answered that the Community Development Director can interpret land use boundaries within the Planned Community. There were no other public comments. The Zoning Administrator closed the public hearing and approved the project, as presented. Action: Approved ITEM NO. 12 81 Royal Saint George Road and 1 Big Canyon Drive Lot Line Adjustment No. LA2018-006 (PA2018-162) Site Location: 81 Royal Saint George Road and 1 Big Canyon Drive Council District 5 David Lee, Assistant Planner, provided a brief project description stating that the request is for a lot line adjustment. Mr. Lee stated that the adjustment is between a residential lot and a golf course. Mr. Lee stated that the purpose of the lot line adjustment is to allow the existing residential accessory structures that MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 10/25/2018 Page 8 of 8 currently encroach onto the golf course to be located entirely on the residential parcel. Mr. Lee stated that no change in density or intensity is proposed. The Zoning Administrator stated that the Community Development Director is able to make the determination that the land use boundaries within a planned community can be adjusted with the lot line adjustment between the two subject parcels. Applicant Brenda Wright, from Walden and Associates, on behalf of the owner, stated that she had reviewed the draft resolution and agrees with all of the required conditions. The Zoning Administrator asked the applicant of the nature of the accessory structures. The applicant responded that there is a concrete patio, light posts, and other patio structures. The Zoning Administrator opened the public hearing. Seeing that no one from the public wished to comment the public hearing was closed. Action: Approved E. PUBLIC COMMENTS ON NON-AGENDA ITEMS None. F. ADJOURNMENT The hearing was adjourned at 4:21 p.m. The agenda for the Zoning Administrator Hearing was posted on October 19, 2018, at 1:00 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 October 19, 2018, at 1:33 p.m. Patrick J. Alford, Zoning Administrator