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HomeMy WebLinkAbout01_10-15-2020_ZA_Minutes - DRAFT Page 1 of 6 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM MEETING THURSDAY, OCTOBER 15, 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 Chelsea Crager, Associate Planner David Lee, Associate Planner Patrick Achis, Assistant Planner Joselyn Perez, Assistant Planner II. REQUEST FOR CONTINUANCES None. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF SEPTEMBER 24, 2020 Action: Approved IV. PUBLIC HEARING ITEMS ITEM NO. 2 Shea Homes Sales Office Limited Term Permit No. XP2020-005 (PA2020-202) Site Location: 1244 Irvine Avenue Council District 3 Joselyn Perez, Assistant Planner, provided a brief project description stating that this request is for a 12-month duration limited term permit that will allow the operation of a temporary real estate sales office and a temporary parking lot to serve the office. The sales office will operate from within the garage spaces of two model homes in The Cay at Mariner Shores community. Once sales have concluded, the temporary model sales office will be converted back into garages for the model units. The 5.76-acre project site is zoned RM-6000 and a 92-unit residential condominium project known as “Mariner Shores” is currently under construction. The applicant is building a 56-unit portion known as “The Cay” while another builder is developing the remaining units that are known as “The Isles”. The other builder will need their own limited term permit to operate a separate temporary sales office. The sales office is approximately 807-square-feet and will operate with normal business hours. While an office use would normally require four parking spaces, the temporary parking lot included in the request will have seven parking spaces with additional surplus parking available as parallel parking stalls on the immediately adjacent private road, Cresta Drive. Additionally, the applicant is requesting temporary signage to accompany the proposed sales office use. The Zoning Administrator requested that condition of approval number one be revised to include the proposed signage plan. Applicant Brooke Doi of Shea Homes, on behalf of the Owner, stated that she 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. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 10/15/2020 Page 2 of 6 Action: Approved as amended ITEM NO. 3 Kalili Residential Condominiums Tentative Parcel Map No. NP2020-011 (PA2020-228) Site Location: 426 and 426 ½ Marguerite Avenue Council District 6 Zoning Administrator Murillo provided a brief summary of the request stating that the request is for a tentative parcel map to subdivide the airspace of a duplex currently under construction. There are no requests for waivers from Title 19 (Subdivisions). Owner David Kalili stated that he had reviewed the draft resolution and agrees with all of the required conditions. Zoning Administrator Murillo asked staff to separate condition of approval number 2 into two separate conditions for the sake of clarity. 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 Ardmore Properties Series, LLC Duplex Lot Merger No. LM2020-001 and Coastal Development Permit No. CD2020-053 (PA2020-111) Site Location: 130 and 132 South Bay Front Council District 5 Joselyn Perez, Assistant Planner, provided a brief project description stating that the request is for a lot merger and coastal development permit to allow the demolition of two single-family residences, the merger of two lots under common ownership to create a single parcel, and the construction of a new three-story, 5,118-square- foot duplex with an attached 987-square-foot, four-car garage. The subject properties are zoned R-BI and the newly created parcel will retain the R-BI zoning. The lot merger will combine the two lots by removing the interior lot line between them and the newly merged parcel will be developed with a duplex. There will be no net loss of units. The existing lots in their current configuration comply with lot area requirements however they are substandard for lot width. Merging the two lots will create one parcel that meets both the minimum requirements for lot width and area. Although the proposed lot merger will create a parcel that is larger than the immediately adjoining lots, it will not create an excessively large lot in comparison to other existing lots nearby. Some similarly sized lots include 400 South Bay Front and 608 South Bay Front which are both approximately 5,100 square feet, and 710 South Bay Front and 1410 South Bay Front which are both approximately 5,200 square feet. Additionally, 20 feet from the subject site, is the parcel 111 Park Avenue which is even larger at approximately 6,425 square feet in area. The project site is protected by a City-owned bulkhead which is part of a larger bulkhead system that surrounds Balboa Island. Any modifications to the existing bulkhead would be part of an area-wide project, and no modifications to the bulkhead are proposed in conjunction with the project. Instead the project has been conditioned to require a minimum slab height of 9.00 NAVD88 as well as the installation of waterproofing flashing. The project site is located between the nearest public road and the sea however, the project will not affect the public’s ability to gain access to use and/or view the coast and nearby recreational facilities. Lateral access to the bay is provided by the Balboa Island Loop and vertical access to the Loop is provided by Emerald Avenue, approximately 90 feet southeast of the project site. The project site is not located adjacent to a coastal view road, public access way, or Coastal Viewpoint as identified in the Coastal Land Use Plan and the project does not have the potential to degrade the visual quality of the Coastal Zone or result in significant adverse impacts to existing public views. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 10/15/2020 Page 3 of 6 The Zoning Administrator asked staff to clarify in the resolution that the project had been conditioned to require continuous waterproofing around the perimeter of the structure to an elevation of 10.65 NAVD88 and a finish floor slab height of 9.00 NAVD88. He then observed that both properties have their own boat slip and a condition of approval would need to be added to the resolution requiring the removal of one of the slips. He then stated that the density for Balboa Island overall is currently 33 units per acre and will remain at 33 units per acre after the merger. This density will remain in the allowable range for R-BI of 30.0 - 39.9 dwelling units per acre. Applicant Ian Harrison, 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, expressed concern that approving the lot merger will eliminate the opportunity for the density of these two lots to be higher and within the allowable range of the zoning district and furthermore, the lot merger will encourage a pattern a development that is not necessarily desirable. Mr. Mosher closed his comment by stating he had never heard the public pathway referred to as the Balboa Island Loop and that there was in error in the draft resolution with regards to the effective date of the lot merger. The Zoning Administrator closed the public hearing. Action: Approved as amended ITEM NO. 5 Cabin 3, LLC Residence Coastal Development Permit No. CD2020-127 (PA2020-183) Site Location: 113 Grand Canal Council District 5 David Lee, Associate Planner, provided a brief project description stating that the project is a demolition of an existing single-family residence and construction of a new 2,501-square-foot single-family residence with an attached 399-square-foot garage. Mr. Lee provided the location and zoning of the property and stated that it complied with all applicable development standards. The project site is protected a public boardwalk and existing City-owned bulkhead, which remains in place. Mr. Lee discussed potential coastal hazards and concluded that the project will not be adversely impacted by potential hazards. Mr. Lee stated that the proposed project does not impact public views or public access of the bay. Applicant Rod Jeheber, 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. 6 Collins Residence Coastal Development Permit No. CD2020-130 (PA2020-215) Site Location: 413 and 413 ½ Edgewater Place Council District 1 Patrick Achis, Assistant Planner, provided a brief project description stating that the applicant is requesting approval to demolish the existing duplex and construct a new approximately 3,006-square-foot, single-family residence and attached two-car garage which is an allowed use in the R-2 zoning district. The plans include a waterproofing curb around the perimeter of the new structure to protect against flooding and sea level rise. A condition of approval has been included in the draft resolution requiring the waterproofing curb. The property is separated from the bay by a public walkway and City-owned bulkhead which is part of a larger bulkhead system that exists in sections of the peninsula. Any modifications to the existing bulkhead would be part of an area-wide project, and no modifications to the bulkhead are proposed in conjunction with the project. The project does not affect or alter current coastal access conditions. Vertical and lateral access to the oceanfront MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 10/15/2020 Page 4 of 6 is provided and will continue to be provided by street ends throughout the neighborhood with access to the public walkway and sandy beach areas along the waterfront. Provisions of Senate Bill 330 (SB330) do not apply since the project does not meet the definition of a housing development as explained in the staff report. Staff received a comment from the member of the public expressing opposition to a third story development replacing one that’s two stories. Notwithstanding, the third floor and development as whole complies with all applicable design standards, including requirements of the City’s Local Coastal Program. Applicant William Guidero, Designer, on behalf of the Owner, stated that he had reviewed the draft resolution and agrees with all of the required conditions. The Zoning Administrator commented on the project has been design with the proposed new residential design standards. One member of the public, Jim Mosher, expressed concerns about the project’s compliance with the recently implemented SB330 that prohibits the reduction of residential density. He stated that the City had a prior interpretation of SB330 that would have prevented approval of the project because of the loss of one residential unit. He continued that despite provisions of SB330, he believed the Coastal Commission would be concerned about reduction of density because of the loss of opportunity to live in coastal zone. Without seeing the letter referenced in the staff report, it is difficult to comment further about how SB330 applies to the project. The Zoning Administrator closed the public hearing. The Zoning Administrator responded that that the City did indeed have an initial understanding of SB330 that would have prohibited approval of the project. However, the City was challenged on this interpretation and after review from the City Attorney’s Office, the City sought formal clarification from the California Department of Housing (HCD). HCD confirmed the law defines residential development projects as “residential units” - plural, meaning two or more units - are subject to SB330. With HCD’s confirmation, the City has updated its processes and is able to permit the subject project. Copy of the letter can be provided, which also addressed questions on compliance of pending residential design standards changes under SB330. The subject project is consistent with LCP that allows for single-family development. Action: Approved ITEM NO. 7 Annual Review of Hoag Memorial Hospital Presbyterian Development Agreement No. 5 (PA2009-064) Site Location: 1 Hoag Drive Council District 2 Chelsea Crager, Associate Planner, provided a brief project description stating that this is an annual review of a Development Agreement (DA) for Hoag Memorial Hospital Presbyterian. The DA was last reviewed in November 2019 where Hoag was found to be in good faith compliance with the terms of the agreement. In August 2020, the term of the agreement was extended one year in response to the COVID-19 pandemic. The annual review was submitted in June 2020, after a three-month extension granted by Planning staff in response to the COVID-19 pandemic. Typically, the annual review includes an analysis of noise compliance and a noise report with measurements taken from the interior of nearby residences. This requirement was waived for this year’s review due to the hospital operating at above-average levels and the difficulty of obtaining interior noise measurements with social distancing orders in effect. The report includes a project status report stating that construction over the past year has been limited to interior improvements with no significant new construction on the Hoag Campus. Landscaping areas continue to be in good health, as confirmed by a visit to the site by Planning staff. Plume reduction protocols for the Co-Gen facility continue to operate. Hoag continues to operate the Melinda Hoag Smith Center for Health Living, as required by the DA, and has submitted payments to the City for the first and second year’s public benefit payments. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 10/15/2020 Page 5 of 6 The Zoning Administrator asked if any comments had been received on this item. Associate Planner Crager confirmed that no comments were received. Applicant Roxanna Bryant, on behalf of the Hoag Memorial Hospital Presbyterian, stated that the year has been challenging and that they appreciate support from the community. Zoning Administrator Murillo acknowledged that the year has been difficult and that continued improvements to the campus particularly as it relates to noise mitigation is appreciated. He thanked Hoag for their contributions to the community. 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. 8 Annual Review of Uptown Newport Development Agreement No. DA2012-003 (PA2014- 039) Site Location: 4311-4321 Jamboree Road Council District 3 Chelsea Crager, Associate Planner, provided a brief project description stating that the item is an annual review of the development agreement (DA) for Uptown Newport. The DA was originally approved in 2013. The DA allows for a 25-acre mixed use project. In the past year, the construction of two apartment buildings, with 452 residential units, including 92 affordable units has been completed. An interest list for the affordable units was open from July 30 to August 31, 2020. Occupancy of the first affordable units is expected at the end of October 2020. It is anticipated that 46 of the affordable units will be occupied by the end of 2020. The Phase 1 one-acre park is near completion. The last annual review of the DA was in May 2019 where Uptown Newport was found to be in good faith compliance with the terms of the DA. Undergrounding of powerlines along Jamboree Road is anticipated by the end of 2020. An EIR Addendum was prepared for the enclosure of the existing ammonia tank at the Tower Jazz facility. The Addendum was adopted in July 2020. The Applicant has expressed to desire two condominium projects as a part of Phase 1. One project is currently in the entitlement phase. The Zoning Administrator asked the applicant when they anticipate Phase 2 will begin. Bill Shopoff, representing Uptown Newport, stated that the Tower Jazz lease expires in 2022, however it is expected that they will exercise their extension to March 2027. The Zoning Administrator mentioned he had walked the apartment project and was impressed by the development and the amenities provided. The Zoning Administrator opened the public hearing. One member of the public, Jim Mosher, spoke and asked if the payments that are due under the development agreement are up to date. He also asked about the status of restrooms at the Phase 1 park, which is a public park. He asked about the status of the development of Lot 2. Mr. Mosher asked whether the affordable units provided were low income or very low income. He stated that the Tower Jazz referred to in the report has changed its name to Tower Semiconductor. The Zoning Administrator closed the public hearing. Bill Shopff noted that the park includes public restrooms on site. Lot 2 is a Southern California Edison substation and is intended to be developed with a nonresidential development, however plans have been paused due to the COVID-19 pandemic. Payments are up to date and are paid at building permit issuance. He confirmed that MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 10/15/2020 Page 6 of 6 Tower Semiconductor is the correct name for the formerly Tower Jazz facility. Affordable units ae provided for very low-income tenants. The Zoning Administrator confirmed with staff that Uptown Newport’s payments are up to date. Action: Approved V. PUBLIC COMMENTS ON NON-AGENDA ITEMS One member of the public, Mr. Mosher commented that the City’s boardwalk in Balboa Island is referred as the Bay Front Walk. VI. ADJOURNMENT The hearing was adjourned at 11:09 a.m. The agenda for the Zoning Administrator Hearing was posted on October 9, 2020, at 2:05 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 October 9, 2020, at 2:00 p.m. Jaime Murillo Zoning Administrator October 29, 2020, Zoning Administrator Agenda Comments Comments submitted by: Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229) Item 1. Draft Minutes of October 15, 2020 The following corrections are suggested: Page 2, Item 3, paragraph 1, sentence 1: “Zoning Administrator Murillo provided a brief summary of the request stating that the request is for a tentative parcel map to subdivide the airspace of a duplex currently under construction.” [Is this correct? Normally the summary of the proposal is presented by the planner assigned to the application. In this case, the minutes indicate the planner, Joselyn Perez, was present and gave the summary for the following item. Did she not give the report for this one, as well?] Page 3, paragraph 6: “Action: Approved as amended” [The draft minutes do not clearly indicate what was amended. My recollection is that in addition to the condition requiring removal of one boat “slip” (more correctly, one “pier”), other amendments included: (1) adding to Fact C.2 the statement about the average density of RT-E lots on Balboa Island, and (2) correcting the stated effective date of the merger to coincide with that of the CDP.] Page 3, Item 5, paragraph 1, sentence 3: “The project site is protected by a public boardwalk and existing City-owned bulkhead, which remains in place.” Page 4, last lines of partial paragraph at top: “Staff received a comment from the a member of the public expressing opposition to a third story development replacing one that’s two stories. Notwithstanding, the third floor and development as a whole complies with all applicable design standards, including requirements of the City’s Local Coastal Program.” Page 4, paragraph 3: “The Zoning Administrator commented on the project has been design designed with the proposed new residential design standards.” Page 4, paragraph 6, last two sentences: “Copy A copy of the letter can be provided, which also addressed questions on compliance of pending residential design standards changes under SB330. The subject project is consistent with the LCP that allows for single-family development.” Page 4, last sentence: “Hoag continues to operate the Melinda Hoag Smith Center for Health Healthy Living, as required by the DA, and has submitted payments to the City for the first and second year’s public benefit payments.” Page 5, paragraph 3: “Zoning Administrator Murillo acknowledged that the year has been difficult and that continued improvements to the campus particularly as it relates to noise mitigation is are appreciated.” Page 5, Item 8, paragraph 5: “The Applicant has expressed to desire two condominium projects as a part of Phase 1.” [I don’t recall what was said, but as drafted, this sentence doesn’t make grammatical sense. Possibly: “The Applicant has expressed to a desire to build two condominium projects as a part of Phase 1.” ??] Zoning Administrator - October 29, 2020 Item No. 1a Additional Materials Received Draft Minutes of October 15, 2020 October 29, 2020, ZA agenda Item 1 comments - Jim Mosher Page 2 of 2 Pages 5 and 6: The former name “Tower Jazz” used throughout these page should be one word: “TowerJazz”. Page 6, Item V: “One member of the public, Mr. Mosher, commented that the City’s boardwalk in on Balboa Island is referred to in the Coastal Land Use Plan as the Bay Front Walk Boardwalk.” Zoning Administrator - October 29, 2020 Item No. 1a Additional Materials Received Draft Minutes of October 15, 2020