Loading...
HomeMy WebLinkAbout01_09-24-2020_ZA_Minutes - DRAFT Page 1 of 4 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM MEETING THURSDAY, SEPTEMBER 24, 2020 REGULAR MEETING – 10:00 A.M. I. CALL TO ORDER – The meeting was called to order at 10:00 a.m. Staff Present (remote): Jaime Murillo, Zoning Administrator Rosalinh Ung, Principal Planner David Lee, Associate Planner Liz Westmoreland, Associate Planner Melinda Whelan, Assistant Planner II. REQUEST FOR CONTINUANCES None. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF SEPTEMBER 10, 2020 Action: Approved as amended IV. PUBLIC HEARING ITEMS ITEM NO. 2 Garrett Investment Group, LLC Demolition Coastal Development Permit No. CD2019- 074 (PA2019-267) Site Location: 622, 622 ½, 624 and 624 ½ Clubhouse Avenue Council District 1 Melinda Whelan, Assistant Planner, provided a brief project description stating that the application is for a demolition only of an existing 1,900-square-foot nonconforming four-plex and 400-square-foot, two-car garage. No new construction is proposed at this time. Future redevelopment of a single- or two-family home will require a Categorical Exclusion Order Exemption and a building permit. A construction erosion control plan will be implemented during and after demolition. Whelan added that the existing development is on two legal lots, but currently used as a single development site. Whelan clarified the existing square footage of the four-plex is 1,900 square feet. The Zoning Administrator opened the public hearing. One member of the public, Jim Mosher, spoke and stated concern with compliance with SB330 and compliance with the Local Coastal Program. The Zoning Administrator closed the public hearing. The Zoning Administrator addressed Mr. Mosher’s concerns and stated that in preparation of the effectiveness of SB330, staff was prepared to quickly review and issue complete letters, when appropriate, for projects submitted prior to January 2020. He continued by explaining that Title 20 and Title 21 does not have any restrictions on demolition prior to submittal of a new development and the proposed demolition plan includes all of the required notes including erosion control applicable for demolition. The Zoning Administrator directed staff to make a correction to the Resolution under Finding A., Fact No. 2 to add that the existing nonconforming structure is constructed over two legal lots. The Zoning Administrator also added that the correction will be made to the CEQA exemption so that the exemption will be California MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 09/24/2020 Page 2 of 4 Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines. Action: Approved as amended ITEM NO. 3 Annual Review of Pacific View Memorial Park Development Agreement No. DA2006- 001 (PA2009-024) Site Location: 3500 Pacific View Drive Council District 4 David Lee, Associate Planner, provided a brief project description stating that the annual review for Pacific View Memorial Park is from June 2019 to August 2020. The park demonstrated good faith compliance with the terms of the Development Agreement. This year, the park replaced trees as part of a road improvement project and is in the process of obtaining permits for a new community mausoleum. The park has received several complaints from one nearby resident regarding noise and incense burning. Code Enforcement investigated the complaints and determined that the park operated within the required operating hours. Applicant Mike Green, on behalf of Pacific View Memorial Park, stated they have complied with required conditions. Mr. Green further discussed the complaints from the nearby residence, explaining that the maintenance staff used gas powered equipment to service the complainant’s home in order to expedite the service. The gas-powered equipment created a noise violation and the park will use battery-powered equipment in the future to service the complainant. The Zoning Administrator encouraged Mr. Green to keep constant communication with the complainant to solve any issues they may have. Rosalinh Ung, Principal Planner, commended the applicant for abiding by the conditions of approval. 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. 4 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 Council District 7 David Lee, Associate Planner, provided a brief project description stating that the project is to demolish two existing nonconforming single-family residences and construct a 7,680-square-foot mixed-use condominium structure which includes 1,798 square feet of commercial space and three residential units. The applicant requests to waive commercial parking, except for one required ADA space required by Building Code. Mr. Lee explained that parking is not required in Title 20 (Zoning Code) due to the Balboa Village Parking Management Overlay District, but that the overlay has not yet been incorporated into Title 21 (Coastal Program Implementation Plan). Mr. Lee provided justification for the waiver of parking. The applicant also requests a modification permit to deviate from required parking space width. Due to the required ADA space width, the remainder of the required residential spaces cannot fit without the approval of the modification permit. Mr. Lee explained that the project was located in the Coastal Zone, and that it does not impact coastal resources, does not inhibit the existing beach access, and has no coastal views through the project site. Finally, Mr. Lee explained that the tentative parcel map merges the two lots and allows each residence and commercial space to be sold individually. The Zoning Administrator clarified that the required ADA stall width is 17 feet wide and that the resolution needs to reflect this fact. Applicant Claudio Cosi, on behalf of the Owner, stated that he had reviewed the draft resolution and agrees with all of the required conditions. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 09/24/2020 Page 3 of 4 The Zoning Administrator asked the Applicant to briefly explain the design of the project. The applicant described the different aspects of the design. The Zoning Administrator explained that the Balboa Village has design guidelines and requested design revisions to be conditioned on the final resolution (bulkheads under the windows, solid railing on second-level storefront, and awnings) to better comply with the design guidelines. The Applicant agreed to the additional conditions of approval. The Zoning Administrator opened the public hearing. One member of the public, Jim Mosher, spoke and stated that Balboa Village Parking Management Overlay District was recently approved by the Coastal Commission. Mr. Mosher questioned if there should be a condition that limits the uses to certain commercial uses stated in the Balboa Village Parking Management Overlay Plan. Another member of the public, Shelly Catrelli, spoke and stated her concerns regarding the noise and traffic in the alleyway that will be caused by the proposed project. The alley is already congested, and an additional development project will affect the neighborhood economically, especially with the ongoing pandemic. She also asked how long the construction process will take. Another member of the public, Steven Zabona, spoke and stated his concerns related to the lack of studies that would mitigate the potential impacts of the new mixed-use project. Mr. Zabona specifically asked about a traffic study to analyze impacts to the street. The Zoning Administrator clarified that all parking for new projects need to be accessed through alleys, if available. Mr. Lee stated that Public Works has reviewed and supported the design. The Zoning Administrator asked staff to add a condition of approval that prohibits certain uses which are more intensive for parking. The Zoning Administrator discussed the parking situation during the summer season and off-season and why a parking waiver can be supported. The Zoning Administrator explained the development’s increase in traffic does not exceed the City’s threshold for a traffic study under the Traffic Phasing Ordinance. The Zoning Administrator explained that conditions of approval are included to minimize construction impacts, and that Code Enforcement is available if there are any complaints regarding construction practices. The Zoning Administrator closed the public hearing. Action: Approved as amended ITEM NO. 5 Pham Wellness Building Minor Use Permit No. UP2019-057 (PA2019-261) Site Location: 4463 Birch Street Council District 1 Liz Westmoreland, Associate Planner, provided a brief project description stating that the application is for a minor use permit to allow variance personal services, restricted land uses as well as massage uses within an existing commercial building near the airport. The existing building includes medical office, vacant space, and standard professional office. The building is considered nonconforming because it does not provide the minimum number of parking spaces per the Zoning Code. The intent with the conditions of approval are to make sure that the parking does not become any more nonconforming than existing conditions. The ultimate design of the tenant spaces may change, and staff-built flexibility into the minor use permit for this purpose. The minor use permit includes a cap for the maximum amount of personal services, restricted land uses and massage use that can be in the building. The Police Department reviewed the project and provided conditions of approval. There is also a condition of approval that limits the maximum amount of square footage for uses that require a parking rate of one space per 200 square feet of floor area. The Zoning Administrator stated that the minor use permit provides flexibility and that there is a good amount of parking provided on site. The Zoning Administrator asked if the conditions of approval Nos. 30-35 from Code Enforcement and the Police Department applied to the massage uses or any personal service uses. Ms. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 09/24/2020 Page 4 of 4 Westmoreland stated that those conditions only apply to the massage uses and that staff can revise the resolution to clarify that. Applicant and Owner Linda Pham 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, Mr. Jim Mosher, commented on the project asking if this site was included in the recently approved Newport Airport Village Project which included residential uses. The Zoning Administrator confirmed that the subject property was not included in the adjacent Newport Airport Village project. 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 about the City’s case log and suggested that it will be easier for the Public if it is consistent. VI. ADJOURNMENT The hearing was adjourned at 11:09 a.m. The agenda for the Zoning Administrator Hearing was posted on September 17, 2020, at 2:30 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 September 17, 2020, at 3:00 p.m. Jaime Murillo Zoning Administrator