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HomeMy WebLinkAbout00_AgendaCITY OF NEWPORT BEACH ZONING ADMINISTRATOR AGENDA Zoom Meeting Thursday, September 24, 2020 - 10:00 AM Zoning Administrator Members: Jaime Murillo, Zoning Administrator SPECIAL NOTICE REGARDING COVID-19 On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On March 12, 2020, Governor Newsom issued Executive Order N-25-20, which allows staff to attend Zoning Administrator meetings by electronic means. Please be advised that to minimize the spread of COVID-19, the Zoning Administrator may attend this meeting either electronically or telephonically. Also, please be advised that on March 17, 2020, Governor Newsom issued Executive Order N-29-20, which allows for the public to participate in any meeting of the Zoning Administrator telephonically or by other electronic means. Given the health risks associated with COVID-19, the City of Newport Beach will conduct this meeting via Zoom. As a member of the public, if you would like to participate in this meeting, you can participate via the following options: 1. You can submit your questions and comments in writing for the Zoning Administrator to consider. Please send them by email to the Community Development Department at CDD@newportbeachca.gov by Wednesday, September 23, 2020, at 12:00 p.m. to give the Zoning Administrator time to consider your comments. All emails will be made part of the record. 2. You can connect with a computer by joining through Zoom. Click the link below to register for the meeting using a valid email address. You will receive a confirmation email allowing you to join the meeting : https://zoom.us/webinar/register/WN_2ajyAJo3Q8u__gN08j7OVw 3. You may connect by Telephone/Audio Only by calling: 669-900-9128. The webinar ID is 999 9316 9839#. 4. Attendees must "raise their hand" if they would like to speak during Public Comments. If attending by phone, press *9. Please know that it is important for the City to allow public participation at this meeting. While the City does not expect there to be any changes to the above process for participating in this meeting, if there is a change, the City will post the information as soon as possible to the City’s website.The City of Newport Beach thanks you in advance for continuing to take precautions to prevent the spread of the COVID-19 virus. ******************************************************************************************************************************************************************* The Zoning Administrator meeting is subject to the Ralph M. Brown Act. Among other things, the Brown Act requires that the Zoning Administrator agenda be posted at least seventy-two (72) hours in advance of each regular meeting and that the public be allowed to comment on agenda items before the Zoning Administrator and items not on the agenda but are within the subject matter jurisdiction of the Zoning Administrator. The Zoning Administrator may limit public comments to a reasonable amount of time, generally three (3) minutes per person. The City of Newport Beach’s goal is to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, we will attempt to accommodate you in every reasonable manner. Please contact Jaime Murillo, Zoning Administrator, at least forty-eight (48) hours prior to the meeting to inform us of your needs and to determine if accommodation is feasible at 949-644-3209 or jmurillo@newportbeachca.gov. NOTICE REGARDING PRESENTATIONS REQUIRING USE OF CITY EQUIPMENT Any presentation requiring the use of the City of Newport Beach’s equipment must be submitted to the Community Development Department 24 hours prior to the scheduled meeting. If in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing. APPEAL PERIOD: An appeal may be filed with the Director of Community Development or City Clerk, as applicable, within fourteen (14) days following the date the action or decision was rendered unless a different period of time is specified by the Municipal Code (e.g., Title 19 allows ten (10) day appeal period for tentative parcel and tract maps, lot line adjustments, or lot mergers). For additional information on filing an appeal, contact the Planning Division at 949-644-3200. September 24, 2020 Page 2 Zoning Administrator Meeting I.CALL MEETING TO ORDER II.REQUEST FOR CONTINUANCES III.APPROVAL OF MINUTES Draft Minutes of September 10, 20201. Recommended Action 1.Approve and File IV.PUBLIC HEARING ITEMS Garrett Investment Group, LLC Demolition Coastal Development Permit No. CD2019-074 (PA2019-267) Site Location: 622, 622 ½, 624 and 624 ½ Clubhouse Avenue 2. Project Summary A request for a coastal development permit (CDP) to demolish an existing 950-square-foot, nonconforming four -plex and 400-square-foot, two-car garage. The existing property consists of two lots used as a single development site. No new construction is proposed at this time. Recommended Action 1.Conduct a public hearing; 2.Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. The exceptions to this categorical exemption under Section 15300.2 are not applicable; and 3.Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development Permit No. CD2019-074. Annual Review of Pacific View Memorial Park Development Agreement No. DA2006-001 (PA2009-024) Site Location: 3500 Pacific View Drive 3. Project Summary Pursuant to Section 15.45.080 of the Municipal Code and Section 65865.1 of the California Government Code, the City is conducting a review of Development Agreement No. 8 (DA2006-001) for Pacific View Memorial Park. The Development Agreement was executed in 1995 and amended in 2007 and provides for the construction and operation of Pacific View Memorial Park. The Zoning Administrator will review Pacific View Memorial Park ’s good faith compliance with the provisions September 24, 2020 Page 3 Zoning Administrator Meeting of the Development Agreement. Recommended Action 1.Conduct a public hearing; 2.Find the annual review is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15321, Class 21 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines; 3.Receive and file the Annual Report of the Development Agreement for Pacific View Memorial Park; and. 4.Find that the applicant has demonstrated good faith compliance with the terms of Development Agreement No. 8. Advanced Champion LLC Mixed-Use Condominiums Minor Site Development Review No. SD2020-007, Modification Permit No. MD2020-007, Coastal Development Permit No. CD2020-037 and Tentative Parcel Map No. NP2020-008 (PA2020-073) Site Location: 503 and 505 East Balboa Boulevard 4. Project Summary A request for a minor site development review, modification permit, coastal development permit, and tentative parcel map to demolish two existing nonconforming single -family residences in the Mixed Use Vertical (MU-V) zone and to construct a new approximately 7,680-square-foot mixed use condominium structure comprised of 1,798 square feet of retail space and three (3) residential units. A minor site development review is required for mixed -use development of less than 9,999-square-feet and 1 to 4 dwelling units. A modification permit is requested to allow residential parking spaces of less than the required minimum width. A coastal development permit is required for new development within the coastal zone and for relief from the amount of nonresidential parking required. One non-residential parking space will be provided, where eight (8) are required. A tentative parcel map is required to merge the two lots and to allow each unit to be sold separately, as a condominium unit. Recommended Action 1.Conduct a public hearing; 2.Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15303 and 15315 under Class 3 (New Construction) and Class 15 (Minor Land Divisions) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. The exceptions to the Class 3 categorical exemption under Section 15300.2 are not applicable; and 3.Adopt Draft Zoning Administrator Resolution No. _ approving Minor Site Development Review No. SD2020-007, Modification Permit No. MD2020-007, September 24, 2020 Page 4 Zoning Administrator Meeting Coastal Development Permit No. CD2020-037, and Tentative Parcel Map No. NP2020-008. Pham Wellness Building Minor Use Permit No. UP2019-057 (PA2019-261) Site Location: 4463 Birch Street 5. Project Summary A request for a minor use permit to allow massage and personal services, restricted land uses, including day spas and healing arts (e.g., acupuncture) within an existing 11,420-square-foot commercial building. A waiver of location restrictions is requested to allow the proposed massage use (s) within 500 feet of other massage uses. No alcohol sales or service and late hours are proposed as part of this application. Recommended Action 1.Conduct a public hearing; 2.Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment; and 3.Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No. UP2019-057. V.PUBLIC COMMENTS ON NON-AGENDA ITEMS Public comments are invited on agenda and non-agenda items generally considered to be within the subject matter jurisdiction of the Zoning Administrator. Speakers must limit comments to three (3) minutes. Before speaking, we invite, but do not require, you to state your name for the record. The Zoning Administrator has the discretion to extend or shorten the speakers’ time limit on agenda or non-agenda items, provided the time limit adjustment is applied equally to all speakers. As a courtesy, please turn cell phones off or set them in the silent mode. XI.ADJOURNMENT