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HomeMy WebLinkAbout20190926_ZA_MinutesMINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 09/26/2019 Page 3 of 6 The Zoning Administrator stated that the Implementation Plan certified by the Coastal Commission allows a single-family residence in the RM zoning district. Because of a recently filed appeal of a similar CDP application, this project might be appealed to the Coastal Commission as well. The Zoning Administrator expressed the belief that the project is consistent with the certified Local Coastal Plan. He asked the applicant if the docks would be modified to comply with current Harbor regulations. The applicant referenced the condition of the resolution that requires them to obtain a coastal development permit from the Coastal Commission to modify the docks to meet the code. The Zoning Administrator asked if the applicant would be able to flood proof the home to the mid-to high level sea level rise projection, in consistent with what the Coastal Commission has been requiring. The bulkhead would remain the same as proposed. The architect accepted the additional condition of approval. The Zoning Administrator closed the public hearing. The Zoning Administrator and Ms. Westmoreland provided some additional comments in response to the public. The Zoning Administrator approved the project. Action: Approved ITEM NO. 4 Bethel and Ridge Demolition and Subdivision Coastal Development Permit No. CD2019-024 and Tentative Parcel Map No. NP2019-008 (PA2019-085) Site Location: 365 Via Lido Soud, Units 1, 2, 3, and 4 Council District 1 Jaime Murillo, Senior Planner, provided a brief project description stating that the requests include a tentative parcel map and coastal development permit to subdivide the property into two separate parcels. The coastal development permit request also includes the demolition of an existing four-unit residential structure and waiver of the minimum lot width and area standard associated with the proposed subdivision. No new construction is proposed as a part of this project. He explained the project’s consistency with Coastal Land Use Plan Policy 2.8.1-3 and Implementation Plan Section 21.30.025 regarding subdivisions located in potentially hazardous areas. A coastal hazards report concluded that the parcels would be safe from geologic and other hazards for a minimum of 75 years and that no shoreline protective devices exist and that future development is not reliant upon future shoreline protection for the economic life of the structure (75 years). Conditions of approval have been added requiring the waiver of future shoreline protection. Mr. Murillo also presented revisions to Facts 1, 2, and 3 of Finding Q in the draft resolution. The Zoning Administrator requested that Fact 2 of Finding L also be clarified to list the address range of the referenced block face used in the zoning code consistency analysis. Applicant Shawna Schaffner of CAA Planning, on behalf of the property owners, stated that she had reviewed the draft resolution and agrees with all of the required conditions. The Zoning Administrator also clarified for the record that he has considered alternatives to the variance request, primarily leaving the lot as a larger 70-foot wide parcel, which results in a lot width that is less comparable to adjacent lots in block. The reduction in width is compatible and consistent with surrounding lot widths within the same RM block as well as the broader neighborhood that is primarily comprised of 30-foot wide lots. The Zoning Administrator opened the public hearing. Jim Mosher had the following comments: 1) questioned the use of the Class 32 (In-Fill) CEQA exemption and recommended the use of a Class 1 (Existing Facilities) exemption for the demolition; 2) inquired about the future project and plans for the proposed lots; 3) questioned the need for the subdivision and possible MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 09/26/2019 Page 4 of 6 inconsistency with the intent of the RM coastal land use plan designation and zoning district; 4) shared concerns with sea level rise; and 5) questioned access to the public boardwalk in front of properties. Charles Klobe stated he had no concerns with the project now, but if single-family homes are to be constructed on lots in the future, he would oppose a project at that time due to the reduction in density in the RM zone. Sharon Grimes stated as a resident and relator on Lido Isle, she supports the project. Shawna Schaffner responded to comments, including that she agreed that a Class 1 CEQA exemption is more appropriate, and that the project has been designed to respond and adapt to sea level rise. The Zoning Administrator closed the public hearing and clarified for the record that no protective devices exist and will not be needed (or allowed) in the future. As such, the project is consistent with Implementation Plan Section 21.30.025. He agreed that a Class 1 (exiting Facilities) and a Class 3 (New Construction) exemption were more appropriate for this project. The Zoning Administrator found the project exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15301 and 15303 of the State CEQA Guidelines. Action: Approved ITEM NO. 5 Annual Review of the Newport Harbor Lutheran Church Development Agreement No. 10 (PA2009-137) Site Location: 798 Dover Drive Council District 3 Patrick Achis, Planning Technician, provided a brief project description stating that the item is for an annual review of Development Agreement No. 10 for Newport Harbor Lutheran Church. The Development Agreement was executed in 1997 and vested development rights for the expansion of Church facilities, addressed parking for the Church, and required the conveyance of park land to the City. To date, the terms and conditions of the Development Agreement have been implemented and/or accomplished except for the planned expansion of the Church. On July 13, 2011, the City authorized the temporary placement of modular classrooms. The Church has expressed interest in pursuing action in the near future to make the three existing temporary modular classrooms permanent and to convert an existing office space into additional classrooms, though the City has not yet received an associated application submittal. No planning applications have been submitted and no building construction has been completed since the last Development Agreement review in 2014. After reviewing the Annual Report and applicable documents, staff believes that the Newport Harbor Lutheran Church continues to comply in good faith with terms and conditions of Development Agreement No. 10. Bob Fernandez, on behalf of the Newport Harbor Lutheran Church, stated that he had reviewed the staff report and he agrees with the recommendation. The Zoning Administrator opened the public hearing. Seeing that no one from the public wished to comment, the public hearing was closed. Action: The Zoning Administrator found Newport Harbor Lutheran Church in good faith compliance with Development Agreement No. 10 ITEM NO. 6 Jaguar Landrover Auto Center Comprehensive Sign Program No. CS2019-007and Modification Permit No. MD2019-004 (PA2019-118) Site Location: Council District 5 Patrick Achis, Planning Technician, provided a brief project description stating that the request is to update an existing comprehensive sign program for a recently remodeled building occupied by an automotive dealership. Included in the request is a modification permit to allow an increase in overall sign area. If approved, this Comprehensive Sign Program and Modification Permit would supersede the existing comprehensive sign program and staff approval related to existing signage. Given the width of the building façade at 165 feet and