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HomeMy WebLinkAbout01_05-24-2018_ZA_MinutesNEWPORT BEACH ZONING ADMINISTRATOR MINUTES NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 Civic Center Drive, Newport Beach Corona del Mar Conference Room (Bay E -1st Floor) Thursday, May 24, 2018 REGULAR MEETING 3:00 p.m. CALL TO ORDER — The meeting was called to order at 3:00 p.m. Staff Present: Patrick Alford, Zoning Administrator Rosalinh Ung, Senior Planner Chelsea Crager, Associate Planner Makana Nova, Associate Planner Melinda Whelan, Assistant Planner David Lee, Planning Technician Liane Schuller, Contract Planner it. REQUEST FOR CONTINUANCES 05/24/2018 Chelsea Crager, Associate Planner, stated that the applicant of Public Hearing Item No. 3, Cefalia Residence, withdrew the application for a Coastal Development Permit at 104 Via Palermo. The applicant intends to reduce the scope of work such that a coastal development permit is no longer required. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES of April 26, 2018 Action: Approved ITEM NO. 2 MINUTES of May 10, 2018 Action: Approved IV. PUBLIC HEARING ITEMS ITEM NO. 3 Cefalia Residence Coastal Development Permit No. CD2018-014 (PA2018-034) Site Location: 104 Via Palermo Council District 1 Action: Withdrawn by Applicant ITEM NO.4 Carter Residence Coastal Development Permit No. CD2018-042 (PA2018-093) Site Location: 257 Mayflower Drive Council District 5 Liane Schuller, Contract Planner, provided a brief project description stating that the applicant requests a coastal development permit to remove and replace a manufactured home in Bayside Village Park. The new home is a single -level, two-bedroom design with attached covered parking. The project is in substantial conformance with the approved site plan for Bayside Village, as it will maintain a similar footprint and provides one covered parking space. The California Department of Housing and Community Development issues construction permits for manufactured homes, and the applicant has provided evidence of approval from the state, as well as the Park owner. There are no impacts to public coastal access or views, and staff is recommending approval, subject to the findings and conditions of approval contained in the draft resolution. Ms. Schuller confirmed that Steve Almquist of Coastline Construction, representing the owner Jennifer Carter, has reviewed and agrees with all of the required conditions. Page 1 of 6 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 05/24/2018 The Zoning Administrator opened the public hearing. Seeing that no one from the public wished to comment the public hearing was closed. Action: Approved ITEM NO. 5 Florance Residence Lot Line Adjustment No. LA2018-003 (PA2018-047) Site Location: 916 Almond Place and 915 Alder Place Council District 4 Melinda Whelan, Assistant Planner, provided a brief project description stating that request to adjust a portion of the rear property line between two contiguous single-family residential lots located at 916 Almond Place and 915 Alder Place and legally described as Lots 12 and 7 of Tract No. 4705. A portion of the rear property line of 916 Almond Place would be moved north 7.13 feet into the rear yard of 915 Alder Place. The property at 916 Almond Place would be increased by approximately 260 square feet and the property at 915 Alder Place would be reduced by approximately 260 square feet. There will be no change in the number of parcels. The purpose of the lot line adjustment is to move a portion of the rear lot line to accommodate additional top of slope area for 916 Almond Place and allow slope stabilization improvements above their backyard and pool. The resulting areas of each property will maintain the minimum 6,000 square feet site area requirement of R-1-6,000. The number of parcels will remain unchanged as a result of the lot line adjustment and there will be no change in the density or intensity of development. Existing and future development of both lots will continue to be required to comply with all applicable development standards specified by the R-1-6,000 Zoning District. Applicant, owner Cynthia Florance, stated that she had reviewed the draft resolution and agrees with all of the required conditions. Mrs. Florence added that the reason for the lot line adjustment was to add the portion of the slope to include an existing fence that they would like to maintain for their slope and their pool. The Zoning Administrator opened the public hearing. Seeing that no one from the public wished to comment the public hearing was closed. The Zoning Administrator confirmed with staff that the proposed adjustment does not impact required setbacks on either lot. Action: Approved ITEM NO.6 Bercaw Residence Coastal Development Permit No. CD2017-057 (PA2017-127) Site Location: 6210 West Ocean Front Council District 1 Melinda Whelan, Assistant Planner, provided a brief project description stating that the request is for approval of a coastal development permit for the demolition of an existing two -unit residence and attached garage and the construction of a new 2,289 -square -foot single-family development, including an attached garage. The development also includes hardscape, drainage, and landscaping. The proposed development complies with all applicable development standards including height, setbacks, and floor area limits. No deviations are requested. A Coastal Hazard Report and Wave Runup Study prepared by GeoSoils, Inc. concluded it is very unlikely that any type of wave will reach the site even considering a 4.75 foot sea level rise. Furthermore, the report concluded that the project is reasonably safe from the shoreline erosion, flooding hazards for the next 75 years. The landscaped area adjacent Prospect Street is conditioned to maintain a maximum height of four feet. Whelan added the following changes to the resolution: add to Finding A. Fact No. 3 "The existing development is provided vehicular access from the side on Prospect Street. The proposed development maintains this vehicular access from Prospect Street, instead of the alley. In this case, the side access and required curb cut is consistent with Local Coastal Program Section 21.40.070.8. subsection 1(a) because access from the alley was determined to be inadequate by the City Traffic Engineer due to the existing development across the alley creating a substandard back-up area. Furthermore, even if the access was removed from Prospect Street, there would not be an opportunity to add additional street parking due to the minimum clear aisle width needed for beach access at this location."; add to Finding B. Fact 3. after the first sentence 'The property abuts the southern terminus of Prospect Street, which provides a view corridor to the ocean. However, the project is designed and sited so as not to block or diminish this view corridor; this includes landscaping in the planter planned for in the western side setback."; and add Condition Page 2 of 6 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 05/24/2018 No. 19, "Landscape materials and landscaped areas along the Prospect Street frontage shall be maintained to a maximum height of four feet:' Applicant Alex Villalpando of C.J. Light Architect 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. Seeing that no one from the public wished to comment the public hearing was closed. Action: Approved ITEM NO. 7 Shirley/Windmuller Residential Condominiums - Condominium Conversion No. CC2018- 001, Tentative Parcel Map No. NP2018-011, and Coastal Development Permit No. CD2018- 028 (PA2018-067) Site Location: 206 and 206-1/2 29th Street Council District 1 Makana Nova, Associate Planner, provided a brief project description stating that the application was to allow an existing 2,897 -square -foot duplex to be converted into condominiums for individual sale of the units. A coastal development permit, tentative parcel map, and condominium conversion application were requested to make this change. The existing duplex was constructed in 1978 and was subsequently remodeled in 2015. The parking on- site complies with the Zoning Code requirement for each unit. The existing structure is nonconforming because it encroaches 2 feet into the required 3 -foot right side yard. The Building Division conducted a special inspection and will require ladder access to the loft area over the kitchen to be removed so that this space cannot be utilized as habitable floor area. The Public Works Department has reviewed the application and will require public improvements. Ms. Nova indicated that the applicant, Ms. June Windmuller is present and has inquired with the Building Official regarding the requirement for an individual fire riser for each unit. Applicant June Windmuller, property owner, stated that she had reviewed the draft resolution and agrees with all of the required conditions. She was hoping to have the requirement for the individual Fre riser removed following discussion with the Building Official. The Zoning Administrator opened the public hearing. Seeing that no one from the public wished to comment the public hearing was closed. Ms. Nova suggested adding a condition of approval that the condition of approval for the independent fire riser be included with the addition of language that it be required to the satisfaction of the Building Official. The Zoning Administrator accepted this suggestion and approved the applications as modified. Action: Approved ITEM NO.8 Marigold Properties, LP Residential Condominiums - Tentative Parcel Map No. NP2018-010 (PA2018-066) Site Location: 413 and 413-1/2 Marigold Avenue Council District 6 Makana Nova, Associate Planner, provided a brief project description stating that the application was to allow a new 3,348 -square -foot duplex currently under construction to be subdivided to condominiums for the individual sale of the units. Ms. Nova indicated that the subject property is not located in the coastal zone and that public improvements would be required per Public Works as identified in the draft conditions of approval. Since the existing development on the site was previously a single-family residence, fair share and park fees for one additional dwelling unit are applicable for the construction and subdivision of a two -unit condominium on-site. After reviewing the application, staff recommended approval of the requested tentative parcel map. The applicant's representative, Paul Craft, Apex Land Surveying, Inc., on behalf of the applicant, James Person, and property owner, stated that he had reviewed the draft resolution and agrees with all of the required conditions. Page 3 of 6 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 05/24/2018 The Zoning Administrator opened the public hearing. Seeing that no one from the public wished to comment the public hearing was closed. The Zoning Administrator approved the tentative parcel map as requested. Action: Approved ITEM NO.9 431 Goldenrod LLC Residential Condominiums - Tentative Parcel Map No. NP2018-009 and Coastal Development Permit No. CD2018-025 (PA2018-064) Site Location: 431 Goldenrod and 431 1/z Goldenrod Avenue Council District 6 David Lee, Planning Technician, provided a brief project description stating that the request is for the approval of a tentative parcel map and coastal development permit for the demolition of an existing duplex, and the construction of a new duplex. Mr. Lee stated that the development is consistent with the standards of the Zoning Code and Local Coastal Program, and that the purpose was for each unit to be sold separately as condominiums. Mr. Lee addressed potential coastal issues by stating that the project was not located between the nearest public road and the sea or shoreline. Applicant Paul Craft, 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. Seeing that no one from the public wished to comment the public hearing was closed. Action: Approved ITEM NO. 10 Ikon LLC Residential Condominiums - Tentative Parcel Map No. NP2018-008 and Coastal Development Permit No. CD2018-024 (PA2018-063) Site Location: 616 Acacia Avenue Council District 6 David Lee, Planning Technician, provided a brief project description stating that the request is for the approval of a tentative parcel map and coastal development permit for the demolition of an existing single-family residence, and the construction of a new duplex. Mr. Lee stated that the development is consistent with the standards of the Zoning Code and Local Coastal Program, and that the purpose was for each unit to be sold separately as condominiums. Mr. Lee addressed potential coastal issues by stating that the project was not located between the nearest public road and the sea or shoreline. Mr. Lee stated that a condition will be added to the final resolution to require park fees. Applicant Paul Craft, 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. Seeing that no one from the public wished to comment the public hearing was closed. Action: Approved ITEM NO. 11 Fable and Spirit Restaurant Minor Use Permit No. UP2018-002 and Coastal Development Permit No. CD2018-048 (PA2018-006) Site Location: 3441 Via Lido Council District 1 David Lee, Planning Technician, provided a brief project description stating that the request was for a minor use permit and coastal development permit for a new eating and drinking establishment with a Type 47 alcohol sales license. Mr. Lee described the location of the proposed restaurant and the nearby surroundings, and provided details regarding the size of the interior and exterior of the restaurant. Mr. Lee described the basic operations of the restaurant and stated that there would be no late hours, live entertainment, or dancing proposed. Mr. Lee discussed the parking situation and concluded that, through a parking covenant agreement between the property owner and the City and a parking rate of one space per 50 square feet of net public area, a total parking requirement of 23 Page 4 of 6 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 05/24/2018 spaces are required for the restaurant. This leaves a four -space surplus in an existing 300 -space parking lot. Mr. Lee addressed coastal issues and stated that the subject property meets all requirements of the Local Coastal Program and is not located between the nearest public road and the sea or shoreline. The Zoning Administrator asked Mr. Lee to clarify if the outdoor patio area required additional parking. Mr. Lee responded that it did not. Applicant Darren Coyle of Fable and Spirit Restaurant stated that he had reviewed the draft resolution and agrees with all of the required conditions. The Zoning Administrator opened the public hearing. Seeing that no one from the public wished to comment the public hearing was closed. Action: Approved ITEM NO. 12 Annual Review of Pacific View Memorial Park Development Agreement (PA2009-024) Site Location: 3500 Pacific View Drive Council District 6 & 7 Rosalinh Ung, Senior Planner, provided a brief project description stating that the annual review for Pacific View Development Agreement covered the period of May 2017 to April 2018. The original Development Agreement was adopted in 1995 and amended in 2007 to modify development allocation within specific sites and to extend the term to 2032. There had been no new construction during the review period for the mausoleum or the administration complex. Code Enforcement staff has received several complaints from one nearby resident who resides to the north of the park since the last year annual review. The complaints are listed in staff report. Upon investigation, staff determined that Pacific View (PV) is operating in conformance with the conditions of Development Agreement pertaining to the overall development of the park and noise restrictions. After reviewing the annual report, applicable documents, and PV's resolution to address nuisance issues, staff believed PV has operated in good faith and in compliance with the terms and conditions of the Development Agreement. Staff has received additional materials from Ms. Leslie Feibleman, who resides to the north of the park, commenting on the staff report and providing recommendations for PV to adopt sustainable maintenance practices. Michael Green from Clark & Green Associates, presenting PV is present and available for questions. The Zoning Administrator asked PV to continue to make progress in compliance with noise standards; and by reviewing the Code Enforcement's report, it appears that PV has been successful. He then asked PV what steps that PV took within the last year to reduce or eliminate those. Mr. Green replied that PV has specific protocol for noise compliance as required in the Development Agreement and PV is being sensitive to their neighbors. PV has purchased noise reduction maintenance equipment including noise measuring equipment for monitoring; not conducting maintenance after certain time and not on weekends unless behind schedule; and avoiding maintenance near the complaining resident. He then used enlarged graphics to show the distance and setback of the residents along the north and east sides of PV. Mr. Green also informed that PV is longer using commercial pesticides near the residents and continued to look for ways to be good neighbor to the residents. The Zoning Administrator opened the public hearing. One member of the public, Ms. Therese Loutherback, who resides in the Spyglass Hill subdivision. She is a member of the Home Owner Associations' Board of Directors and the Chairperson of View Preservation Committee. She spoke about the overall view protection for the Spyglass Hill residents and the remaining unbuilt entitlement. She then requested PV's presentative to attend the Spyglass Hill's June HOA meeting to present PV's plan to the residents so they can have a better understanding of the park's future development. Seeing that no further the public comment, the public hearing was closed Page 5 of 6 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 05/24/2018 The Zoning Administrator asked staff to address public comments pertaining to City's policies and regulations regarding private view, building height limits as specified in the Development Agreement and ability to change these regulations. Staff respond that the Development Agreement has very specific regulations as to what could be developed within the park. Each type of building structures i.e. community and family mausoleum, have their own development criteria including location, building height, and construction timing. These structures would also require City's review and approval prior to the construction. Staff also offered to provide Ms. Loutherback the City's web link where she could find and review the PV's Development Agreement. Staff then provide a summary of the development criteria for PV and stated that the unbuilt entitlement is being tracked and reported to the Zoning Administrator as part of the annual review of Development Agreement. Ms. Loutherback stated their concern is for the properties abutting PV's east property line, along Carmel Bay Drive as it related to the future construction of community mausoleum. She then requested that PV to inform the HOA and their residents as to when the next one will be constructed. The Zoning Administrator restated that the City does not have regulations to protect views from private properties. The City reviews these kinds of applications to ensure that they will not be detrimental to the surrounding area. Other jurisdictions have view protection ordinances, but not the City of Newport Beach. The Development Agreement specified the development limits and staff has provided the method to find those on the City's webpage. The scope of the annual review is to determine whether PV has operated in good faith and in compliance with the terms and conditions of the Development Agreement. He has no ability to alter the terms of the Development Agreement or impose any new conditions, but could continue to encourage PV to reach out to the community. The Zoning Administrator determined that the applicant has demonstrated good faith compliance with the terms of Development Agreement; and encouraged PV to continue to work with residents to ensure that all the terms and conditions of the Development Agreement are met. Action: Approved E. PUBLIC COMMENTS ON NON -AGENDA ITEMS lore= ADJOURNMENT The hearing was adjourned at 3:51 p.m. The agenda for the Zoning Administrator Hearing was posted on May 18, 2018, at 2:45 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 May 18, 2018, at 3 p.m. Patrick J. Alford, Zoning Administrator Page 6 of 6