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HomeMy WebLinkAbout09-13-2018_ZA_MinutesNEWPORT BEACH ZONING ADMINISTRATOR MINUTES 9/13/2018 Page 1 of 4 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 Civic Center Drive, Newport Beach Corona del Mar Conference Room (Bay E-1st Floor) Thursday, September 13, 2018 REGULAR MEETING 3:00 p.m. I. CALL TO ORDER – The meeting was called to order at 3:00 p.m. Staff Present: Patrick J. Alford, Zoning Administrator Jaime Murillo, Senior Planner Chelsea Crager, Associate Planner Melinda Whelan, Assistant Planner II. REQUEST FOR CONTINUANCES None. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF AUGUST 23, 2018 Action: Approved IV. PUBLIC HEARING ITEMS ITEM NO. 2 Bode/Merrifield Residence Coastal Development Permit No. CD2018-058 (PA2018-137) Site Location: 824 Via Lido Nord Council District 1 Chelsea Crager, Associate Planner, provided a brief project description stating that the project was a coastal development permit to demolish an existing single-family residence and construct a new two-story, single-family residence with an attached garage on the waterfront at 824 Via Lido Nord. The proposed project complies with all applicable development standards including setbacks and floor area ratio. The application also includes the reinforcement of an existing seawall, as recommended in the bulkhead condition report. The propert y owner will be required to enter into an agreement with the City waiving the right to future protection from coastal hazards that would result in seaward encroachment. The property will also be required to sign and record an acknowledgement of coastal haz ards. Applicant Michael Terry 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, spoke and stated asked for verification that the subject application was not one that would be affected by the recent changes to the City’s Categorical Exclusion Order. He also stated that project includes the reinforcement of a seawall and asked if the City has permit authority over that s cope of work. Lastly, Mr. Mosher asked about Condition No. 22 regarding compliance with the Migratory Bird Act and whether it was a standard condition or project specific. The Zoning Administrator closed the public hearing. In response to Mr. Mosher’s questions, Associate Planner Crager confirmed that the property is not subject to the Categorical Exclusion Order and that the City does have permit jurisdiction for repair and maintenance of an existing seawall. The Zoning Administrator further confirmed th at the City has not heard anything to the contrary NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 9/13/2018 Page 2 of 4 from the California Coastal Commission that would indicate that the City does not have permit jurisdiction over the seawall. Associate Planner Crager stated that Condition No. 22 is a standard condition. Action: Approved ITEM NO. 3 3900 Channel Place Demolition Coastal Development Permit No. CD2018 -062 (PA2018-144) Site Location: 3900 Channel Place Council District 1 Melinda Whelan, Assistant Planner, provided a brief project description stating that the request is for a Coastal Development Permit to demolish an existing 3,937 -square-foot dwelling and a detached 533-square-foot garage. The subject property is located in the R-2 Coastal Zoning District, which provides for single –and two-unit residential development and is consistent with the City’s Coastal Land Use Plan, General Plan, and Zoning Code. The subject property is currently developed with a single-family residence on an existing lot designated for res idential development by the Local Coastal Program. Subsequent construction will require a separate coastal development permit at a later date. The project design addresses water quality with a construction erosion control plan and a post -construction drainage system that includes drainage and percolation features designed to retain dry weather run-off and minor rain event run-off on-site. The project site is located between the nearest public road and the sea or shoreline; however, the project will not affe ct the public’s ability to gain access to, use, and/or view the coast and nearby recreational facilities . Future development of the lots for residential development as originally subdivided is not anticipated to result in an increased demand on public access and recreation opportunities. The project site is not located adjacent to a coastal view road, public viewpoint, public park or beach, or public access way, as identified in the Coastal Land Use Plan. Furthermore, an investigation of the project site and surrounding area did not identify any other public view opportunities. The project site may be located within the viewshed of distant public viewing areas. However, the project involves the demolition of an existing single-family waterfront dwelling abut ting 39th Street. The future development of the site with a replacement dwelling(s) will be required to comply with all applicable LCP development standards . Staff would like to recommend one change to the resolution and that is to add the migratory bird c ondition to the conditions of approval. Applicant Andrew Patterson of Patterson Construction 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, spoke and stated that he thought the demolition and the redevelopment of the site should have been consolidated into one public hearing. The Zoning Administrator closed the public hearing. Action: Approved Due to the Agenda Items 4 and 5 being related, the Zoning Administrator suggested that the staff presentation for the two items be combined to reduce duplication. No one from the public opposed . ITEM NO. 4 Shaoulian East Balboa Residence Coastal Development Permit No. CD 2017-088 (PA2017-203) Site Location: 921 East Balboa Boulevard Council District 1 ITEM NO. 5 Shaoulian East Ocean Front Residence Coastal Development Permit No. CD2018 -089 (PA2017-204) Site Location: 918 East Ocean Front Council District 1 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 9/13/2018 Page 3 of 4 Jaime Murillo, Senior Planner, explained that the two items are on two separate properties that abut each other along the rear property lines, but owned in common at this time. Both properties are located within a residential block between A Street and B Street tha t did not provide a public alley access as part of the original subdivision. Over time the City has been acquiring dedications for a future 20 -foot-wide alley through the redevelopment of lots within the block. However, until the alley is completed, vehicu lar access to the 918 East Ocean Front lot is not feasible without providing an access easement across the 921 East Balboa Boulevard lot. Coastal Development Permit No. CD2017-088 for 921 East Balboa Boulevard would authorize the demolition of an existing single-family dwelling and phased future residential development. Phase 1 would consist of developing the site with a driveway, uncovered parking, and landscaping to provide temporary vehicular access to a proposed single-family residence located at 918 East Ocean Boulevard. The temporary driveway will remain until such time a public alley is constructed providing 918 East Ocean Front vehicular access. Phase 2 would consist of the demolition of the temporary driveway, parking lot improvements, and construction of a new, 3,825-square-foot, three-story, single-family residence (including a 1,257-square-foot subterranean basement) and an attached 387-square-foot, two-car garage. Coastal Development Permit No. 2017-089 for 918 East Ocean Front would authoriz e the demolition of an existing one-story, single-unit dwelling and construction of a new 3 -story, 3,379-square-foot single-unit dwelling (including 1,069-square-foot basement) and 382-square-foot two-car garage. Both projects are conditioned and designed to include dedications of property at the rear to accommodate the construction of the 20-foot -wide alley segment between the two properties. Both projects include a Secant Pile system to construct the basements, eliminating the need to dewater the site. A private ingress/egress easement will be required to be recorded on the 921 East Balboa Boulevard site for the benefit of 918 East Ocean Front, until such time the alley is constructed connecting the sites to either A Street or B Street. Mr. Murillo als o suggested a change to the facts in support of Finding B for each project clarifying that although a temporary curb cut is needed for the driveway access from East Balboa Boulevard, project implementation will result in the demolition of two single -family dwellings that are nonconforming due to parking and will lead to the development new conforming developments that will provide all required on -site parking, thereby improving the availability of off-street parking for the public. He also recommended that the City’s standard condition related to compliance with the Migratory Bird Treaty Act be added to each resolution. Applicant Brion Jeannette of Brion Jeannette Architecture, on behalf of the Owner, Emanuel Shaoulian, stated that he had reviewed the draft resolution and agrees with all of the required conditions. He asked whether there was flexibility of not having to completely demolish the 921 East Balboa Boulevard dwelling in order to construct the 918 East Ocean Boulevard dwelling if an access drive could still be accommodated. Zoning Administrator Alford stated he was not comfortable approving that type of modification to the project without Public Works review. The applicant understood that if pursued in the future, he may have to request an amend ment to the CDP. The Zoning Administrator opened the public hearing. One member of the public, Jim Mosher, spoke and stated that had two questions . The first question was related whether or not the temporary uncovered parking spaces created on the 921 East Balboa Boulevard would be available to the public. The second question was related to who would be responsible for developing the alley improvements. The Zoning Administrator closed the public hearing. NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 9/13/2018 Page 4 of 4 Mr. Murillo answered that the uncovered park ing spaces would remain private and that the alley would be constructed by the applicant. Item No. 4 Action: Approved Item No. 5 Action: Approved E. PUBLIC COMMENTS ON NON-AGENDA ITEMS None. F. ADJOURNMENT The hearing was adjourned at 3:31 p.m. The agenda for the Zoning Administrator Hearing was posted on September 6, 2018, at 4:35 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 web site on September 6, 2018, at 4:30 p.m. Patrick J. Alford, Zoning Administrator