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HomeMy WebLinkAbout04-30-2020_ZA_MinutesPage 1 of 6 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH COUNCIL CHAMBERS THURSDAY, APRIL 30, 2020 REGULAR MEETING – 10:00 A.M. I. CALL TO ORDER – The meeting was called to order at 10:00 a.m. Staff Present: Jaime Murillo, Zoning Administrator Chelsea Crager, Associate Planner David Lee, Associate Planner Liz Westmoreland, Associate Planner Patrick Achis, Assistant Planner II. REQUEST FOR CONTINUANCES Staff requested Item Number 6 be removed from calendar and will be re-noticed appropriately. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF APRIL 16, 2020 Action: Approved as Amended IV. PUBLIC HEARING ITEMS ITEM NO. 2 OC Chief Auto Vehicle Storage Limited Term Permit No. XP2020-002 (PA2019-239) Site Location: 2302 Bristol Street Council District 1 Liz Westmoreland, Associate Planner, provided a brief project description stating that the application is for a limited term permit for greater than 90 days to allow vehicles to be stored in an existing, vacant, gravel lot. The lot includes fencing and walls, and landscaping would be installed along Bristol Street frontage to buffer and screen the vehicles stored on site. Employees from OC Chief Auto near the subject site would visit the site a couple times a day to retrieve vehicles as necessary. There would be no other activities onsite such as washing, repairs, etc. No wrecked or damaged vehicles would be stored on site. Staff received written public comments on the project and clarified that the applicant would be installing an exit grid to keep gravel from exiting the site. Staff added a note regarding the exit grid under Finding C 4. Employees could walk to the site, but they do not have to. Staff has required 20 feet of space in front of the rolling gate so that employees could park the vehicle, open the gate and drive in without staging in the right of way including the sidewalk. Staff also clarified that the applicant is listed in the indemnification condition in the resolution. The owner of the property is the applicant in this case. In response to Zoning Administrator Murillo’s inquiry, Ms. Westmoreland explained that the CEQA statement in Finding A of the resolution is a required finding for limited term permits. Zoning Administrator Murillo also pointed out the typographical errors cited by the public comments and asked that they be corrected. Zoning Administrator Murillo also inquired about the hours of operation and if there should be a condition of approval limiting the hours. He asked why the landscaping was only proposed for the first 10 feet along Bristol Street and not the entire 20 feet. Ms. Westmoreland cited the code requirement for 10 feet of landscaping, but suggested that the project could be conditioned to increase ground cover or landscaping. Staff clarified that there is no lighting currently proposed on site, but that there are conditions of approval to limit the amount of lighting and ensure it does not spill onto neighboring properties. Lastly, the proposed fencing would include fabric screening. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 04/30/2020 Page 2 of 6 Phillip Budovec of Knitter Architects, on behalf of the Applicant/Owner, stated that he had reviewed the draft resolution and agrees with all of the required conditions. He stated that the lot is for online vehicle sales and that it would be used only for vehicle storage. The Zoning Administrator asked about installing groundcover or rock between the landscaping and the fence and the applicant agreed. The Zoning Administrator opened the public hearing. Seeing that no one from the public wished to comment, the public hearing was closed. Zoning Administrator Murillo discussed the setting for the project and how it would be a reasonable use of the vacant lot. He asked that a condition of approval is included to install groundcover behind the landscaping. He also added a condition of approval to regulate the hours of operation from 8 a.m. to 7 p.m., daily. He also asked that the screening be maintained in good condition to the satisfaction of the Planning Division. The applicant agreed to the new conditions. Action: Approved as Amended ITEM NO. 3 Bluffs Center Pylon Sign Comprehensive Sign Program No. CS2020-004 and Modification Permit No. MD2020-006 (PA2020-040) Site Location: 1300 Bison Avenue Council District 4 Patrick Achis, Assistant Planner, provided a brief project description stating that the request was an amendment to the Bluffs Retail Center’s (“Center”) comprehensive sign program to replace an existing monument sign with a pylon sign. Included was a modification permit request to allow increases of the sign’s width up to 8 feet, 1 inch and area up to 120 square feet. If approved, all existing signage and regulations would remain with the exception of the pylon sign. The proposed signs are intended to provide legible signage to motorists traveling north- and southbound along MacArthur Boulevard and provide advance notice for maneuverability for those traveling south. The MacArthur Boulevard frontage extends 780 linear feet and the central building for the Center is set back almost 400 feet from the street. Accordingly, the proposed pylon sign, including the requests to exceed width and area, are to be compatible with the overall massing and bulk of the Center. Sign height measurement from the adjacent street (MacArthur Boulevard) has been deemed the appropriate baseline considering the site’s physical characteristics. A public comment from Jim Mosher was received by staff in regards to the size and scale of the sign and the Zoning Code’s definition of a pylon sign. Mr. Achis responded that with the exception of the modification permit requests, the proposed pylon sign would comply with Zoning Code standards. The proposed sign area would not result in an increase of what is allowed currently. Shawna Schaffner of CAA Planning, on behalf of the Owner, stated that she had reviewed the draft resolution and agrees with all of the required conditions. The main intent of the request is to add an additional tenant on to the signage. Additionally, the large parking lot separating the Center from the street frontage makes it difficult for motorists to identify tenants. The Zoning Administrator opened the public hearing. One member of the public, Jim Mosher, spoke and stated concern over the size of the proposal and other pylon signs in the city needed to identify tenants. One of the four tenants shown in the design does not appear legible. More commentary in the staff report about the existing monument sign that the pylon sign is proposed to replace would have been helpful. The Zoning Administrator acknowledged the hard time that businesses are going through at the moment and opportunity that the increased identification could bring. The site is bordered by MacArthur Boulevard that has high speeds and that the pylon sign is not different from others that are authorized citywide. Given that he proposed sign area is the same as currently allowed, the request is appropriate. The Zoning Administrator directed Mr. Achis to alter Condition of Approval No. 1 to use language that pertains to the sign proposal. Condition of Approval No. 10 was also amended to strike “visual character” and to clarify that the sign’s MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 04/30/2020 Page 3 of 6 installation and mounting heights shall comply with the California Building Code. The sign matrix and site plan were also directed to be updated for clarity and to distinguish the pylon sign’s location. The Zoning Administrator closed the public hearing. Action: Approved as Amended ITEM NO. 4 Sailhouse Development Residence Coastal Development Permit No. CD2020-010 (PA2020-034) Site Location: 2642 Crestview Drive Council District 6 Patrick Achis, Assistant Planner, provided a brief project description stating that the request was for a coastal development permit to allow the demolition of an existing single-family residence and the construction of a new 2,564-square-foot, three-story, single-family residence, including an attached 623-square-foot, three-car garage. The design complies with all applicable development standards, including height, setbacks, and floor area limit, and no deviations are requested. Vehicular access is provided at the rear of the property via a 20- foot City easement. The replacement of the existing residence with a new residence does not involve a change in land use, density or intensity that will result in increased demand on public access and recreation opportunities. Mr. Achis continued that recently the Applicant discovered an Edison vent pipe on the property that may require the proposed structure to be moved several feet toward the Crestview frontage. If it is the case that the structure needs to be moved, the facts and findings recommending approval of the coastal development permit would not change. Public comments were received by neighbors of the project that had concerns over the third story nature of the development, in particular, the third story area. Comments also stated that action is needed by the community’s association to review the project design. Mr. Achis said the R- 1 Zoning Designation allows third stories, subject to certain requirements, and that the City does not have jurisdiction in enforcing private agreements by a homeowner’s association. Amy Creager, the Architect, on behalf of the Owner, stated that he had reviewed the draft resolution and agrees with all of the required conditions. The Edison vent pipe in the easement was mislocated and the building may not need to be moved. 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 opened the public hearing. One member of the public, Jim Mosher, shared concerns over the third-story character of the development, the gate encroachment onto the neighboring property, and the height of the elevator. Ms. Creager responded that the gate is an existing element to access the property and will not change as a part of this proposal. The elevator is designed in compliance with the height limit exception allowed by the Zoning Code. The Zoning Administrator noted that the proposal is in compliance with the development standards. The Bayshores Community has historically been developed as one- to two-story residences, though property owner desires and development of third floor spaces is more common as of late. While the City is responsible for preservation of coastal access and resources, the Bayshores homeowners association would be responsible for preservation of community character. The City is in the process of amending third floor development standards. Staff recommendations for these standards include focusing third-floor massing toward the center of the structures, which the proposed design conceptually reflects. Action: Approved as Amended MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 04/30/2020 Page 4 of 6 ITEM NO. 5 Bogh Residence Coastal Development Permit No. CD2020-015 and Modification Permit No. MD2020-004 (PA2020-025) Site Location: 43 Balboa Coves Council District 1 David Lee, Associate Planner, provided a brief project description stating that the project is the demolition of an existing single-family residence and the construction of a new single-family residence, as well as the raising and reinforcement of an existing bulkhead. Mr. Lee stated that the project complied with applicable development standards, including minimum floor elevation, bulkhead height, floor area, and building height. Mr. Lee explained that the applicant is seeking a modification permit to deviate from the required setback standards and encroach the corner of the structure 18 inches into the setback. Mr. Lee explained how the proposed modification met the required findings. Mr. Lee also explained that a revised resolution was provided by staff, which addressed the required findings for a modification in Title 21. The additional findings are similar to those of Title 20, except for additional findings which address public access, public views, and protection of coastal resources. Mr. Lee addressed two minor typing errors on the revised resolution. Applicant John Morgan, Architect, on behalf of the Owner, stated that he had reviewed the draft resolution and agrees with all of the required conditions. In reply to the Zoning Administrator’s inquiry, the applicant responded that the modification permit would allow for a 90-degree angle corner for the structure. The Zoning Administrator requested for the third-floor deck to be reduced to comply with the required setback line, and the applicant agreed. The Zoning Administrator opened the public hearing. One member of the public, Jim Mosher, spoke and questioned the necessity of the modification permit because the affected rooms are still functional even without a modification permit. Mr. Mosher commented on the use of the Council-approved sea level rise data. Mr. Mosher asked for clarification on the plans for the location of the bulkhead. Mr. Mosher also requested for clarification of the concrete walkway and if the public has access to it. In response to the Zoning Administrator’s questions, the applicant clarified that the location of the bulkhead does not change, and that the existing bulkhead is to be raised and reinforced. The applicant also explained that the walkway is a private walkway and that the public does not have access to it. The Zoning Administrator closed the public hearing. Action: Approved as Amended ITEM NO. 6 Faerber Residence Coastal Development Permit No. CD2020-013 (PA2020-029) Site Location: 405 Cortes Circle Council District 3 Action: Removed from Calendar ITEM NO. 7 Bragg Redevelopment and Lot Merger No. LM2019-006 and Coastal Development Permit No. CD2019-068 (PA2019-250) Site Location: 107 and 109 Via Yella Council District 1 Chelsea Crager, Associate Planner, provided a brief project description stating that the project is a request for a lot merger and waiver of parcel map requirements to combine two lots under common ownership into a single lot. The project includes a coastal development permit to allow an addition and alterations to the existing single- family residence at 107 Via Yella, following the demolition of the existing single-family residence at 109 Via Yella. The lot merger would result in the reduction of one housing unit on the property; however, the lot merger application was deemed complete and a categorical exclusion order was issued one December 11, 2019. Therefore, the demolition of the existing single-family residence and the reduction in density is not subject to Senate Bill 330, which became effective on January 1, 2020. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 04/30/2020 Page 5 of 6 The existing two lots do not meet the minimum lot width or lot area required by the Zoning Code and the Local Coastal Program Implementation Plan; the proposed lot would conform to minimum standards. The proposed lot merger meets the requirements set forth in Newport Beach Municipal Code Title 19 (Subdivision Code). The proposed single-family residence complies with all applicable development standards. The Zoning Administrator asked staff to describe correspondence from Zach Rehm, Senior Planner with the California Coastal Commission. Associate Planner Crager stated that a comment was received when the project was publicly noticed for a prior Zoning Administrator hearing. At that time, the project did not include analysis of the proposed alterations and addition to the existing single-family residence at 107 Via Yella. Since the analysis was revised to include the proposed alterations and addition, Mr. Rehm has not expressed any additional concerns. The Zoning Administrator noted that the standard conditions of approval related to residential construction were not included in the draft resolution. Associate Planner Crager stated that this was an oversight, and the resolution would be updated to include those conditions. Applicant Bill Guidero, 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. One member of the public, Jim Mosher, spoke and stated that he was glad to see the analysis of the proposed construction and would like to see the standard residential construction conditions of approval included in the resolution. He stated that the letter from the California Coastal Commission pointed to policies in the Local Coastal Plan that encouraged lot mergers in cases of commercial properties. He stated that if all lots on Lido Isle conformed to Newport Beach Municipal Code standards for lot size, the residential density of Lido Isle would decrease, which would be inconsistent with the Coastal Land Use Plan. The Zoning Administrator asked Mr. Mosher if he was able to find any Coastal Land Use Plan policies that discouraged lot consolidation for residential lots. Mr. Mosher stated that he did not, but that he does not believe the Implementation Plan is consistent with the Coastal Land Use Plan. The Zoning Administrator also stated he did not see any policies that discouraged lot consolidation for residential lots, and that the proposed lot size is more conforming with the standards contained in the Implementation Plan and is compatible with the neighborhood. The Zoning Administrator closed the public hearing. Action: Approved as Amended V. PUBLIC COMMENTS ON NON-AGENDA ITEMS One member of the public, Mr. Mosher, commented that the Zoning Administrator meeting went well, and made suggestions on how future meetings could be held. He also restated his written comment regarding the Minutes of April 16, 2020, where he requested that the City clearly define the phrase: “repair and maintenance.”. VI. ADJOURNMENT The hearing was adjourned at 11:21 a.m. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 04/30/2020 Page 6 of 6 The agenda for the Zoning Administrator Hearing was posted on April 24, 2020, at 4:05 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 April 24, 2020, at 4:00 p.m.