Loading...
HomeMy WebLinkAbout01-27-2022_ZA_MinutesPage 1 of 4 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM THURSDAY, JANUARY 27, 2022 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 Benjamin Zdeba, Senior Planner Melinda Whelan, Assistant Planner Caitlyn Curley, Planning Technician II. REQUEST FOR CONTINUANCES Jaime Murillo, Zoning Administrator, reported that staff requested Item Number 5 be continued to the February 10, 2022, Zoning Administrator Meeting and Item Number 6 be removed from Calendar. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF JANUARY 13, 2022 Action: Approved as Amended IV. PUBLIC HEARING ITEMS ITEM NO. 2 513 Jasmine, LLC Tentative Parcel Map No. NP2021-015 (PA2021-262) Site Location: 513 and 513 ½ Jasmine Avenue Council District 6 The Zoning Administrator provided a brief project description stating that the item is for a parcel map to allow for two-unit condominium purposes, that an existing duplex has been demolished and a new duplex is currently under construction, and that the parcel map will allow for the individual sale of the two units as air space condominiums. The Zoning Administrator also stated that no waivers of Title 19 (Subdivisions) are proposed as part of this project. Applicant Matthew Watson of Watson Legal Group, on behalf of the owners, 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. 3 BIRE II, LLC Residential Condominiums Tentative Parcel Map No. NP2021-016 and Coastal Development Permit No. CD2021-070 (PA2021-271) Site Location: 424 and 424 ½ Fernleaf Avenue Council District 6 The Zoning Administrator provided a brief project description stating that the item is for a parcel map to allow for two-unit condominium purposes, that an existing duplex has been demolished and a new duplex is currently under construction, and that the parcel map will allow for the individual sale of the two units as air space condominiums. The Zoning Administrator also stated that no waivers of Title 19 (Subdivisions) are proposed as part of this project. A coastal development permit (CDP) is required because this property is in the Coastal Zone. The Zoning Administrator did not require a presentation from staff but asked if the applicant had reviewed the conditions of approval. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 01/27/2022 Page 2 of 4 Assistant Planner Whelan confirmed the applicant had agreed to all of the conditions in writing. 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 provided a couple of typographical errors to be fixed in the Resolution. Action: Approved as Amended ITEM NO. 4 Helmsman Ale House Temporary Expansion Limited Term Permit No. XP2021-026 and Coastal Development Permit No. CD2021-050 (PA2021-204) Site Location: 2920 Newport Boulevard Council District 1 Benjamin Zdeba, Senior Planner, provided a brief project description stating that the request is a limited term permit and a coastal development permit for up to one year to allow a temporarily expanded outdoor dining area for the Helmsman Ale House located at 2920 Newport Boulevard. A larger, approximately 5,500 sq. ft. area was formerly authorized through the ETUP program in the private parking lot adjoining the restaurant. As noted in the staff report, a resident filed complaints regarding later hours and excessive noise. If founded, the City’s Code Enforcement team addressed each complaint. As part of this request, the new temporary area would be reduced to 1,000 sq. ft., which would free up about 10 parking spaces and will lessen the number of patrons in the temporary outdoor area. He stated that the City’s Public Works department had not yet reviewed the plan, so a condition of approval and a note on the plans have been added. The applicant and his design team will need to ensure Public Works staff agrees on the layout, including substantial barriers to protect the temporary area, which were not shown. He continued that the hours of operation will be more restrictive than the interior dining, closing by 9 p.m. Monday through Thursday, and by 10 p.m. Friday through Sunday. While there are no permanent structures being installed, the duration and nature of the use require the review and approval of a coastal development permit. However, the property is located outside of the Coastal Commission’s appeal area; therefore, an appeal with the CCC may not be filed and the City’s action is final. Lastly, he stated that the limited duration use is appropriate and supported by the facts in the resolution and staff is recommending approval. The Zoning Administrator requested a revision to add the size of the previously authorized temporary area to Fact 2 in support of Finding B. Applicant Michael Torres, on behalf of the Helmsman Ale House, stated they had reviewed the draft resolution and agree with all of the required conditions, as long as Condition of Approval No. 2 is revised to reflect the correct year of expiration as 2023. The Zoning Administrator opened the public hearing. One member of the public, Jim Mosher, resident, gave a reminder of the City’s lobbyist registration requirements. The Zoning Administrator approved the item as submitted with the minor revisions to the resolution as noted. Action: Approved as Amended ITEM NO. 5 Avila’s El Ranchito Temporary Patio Limited Term Permit No. XP2021-036 and Coastal Development Permit No. CD2021-071 (PA2021-273) Site Location: 2800 Newport Boulevard Council District 1 Action: Continued to the February 10, 2022, Zoning Administrator Meeting ITEM NO. 6 Royal Hen Temporary Outdoor Dining Tables Limited Term Permit No. XP2021-037 and MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 01/27/2022 Page 3 of 4 Coastal Development Permit No. CD2021-075 (PA2021-286) Site Location: 311 Marine Avenue Council District 5 Action: Removed from Calendar ITEM NO. 7 Smith Residence Coastal Development Permit No. CD2021-052 (PA2021-207) Site Location: 300 Morning Star Lane Council District 3 On behalf of Joselyn Perez, Benjamin Zdeba, Senior Planner provided a brief project description stating that the request is a coastal development permit to allow the demolition of an existing single-family residence and the construction of a new single-family residence. The project includes landscaping, hardscaping, drainage, a pool, site walls, and reinforcement of the existing bulkhead for protection of the property improvements. The proposal complies with all applicable design standards with no deviations being requested. A coastal hazards report and sea level rise analysis, as well as a bulkhead conditions report were prepared for the project. These reports identified the existing bulkhead will be sufficient for the economic life of the structure (or 75 years) with reinforcement measures implemented. The finish floor of the proposed structure is designed at 13.30 feet NAVD88, which is well over the 9-foot minimum identified in the NBMC. The property is located between the first public road paralleling the sea and the sea; however, City Implementation Plan Section 21.30A.040 requires the provision of public access to bear a reasonable relationship between the requirement and the project’s impact. In this case, the project is replacing a single-family residence with a single-family residence. There is no change in density and the structure is designed within the allowable development envelope. There are designated viewpoints adjacent to the project site both from Westcliff Park and from Galaxy View Park. The staff report provides a visual impact analysis with photographs and descriptions. Generally, the project site is obscured by existing vegetation and development in both locations, and it will fold into the existing scenery without seeming out of place. In the end, the analysis concluded there should be no impact to coastal views with the project’s implementation. Lastly, he stated that the findings for approval of a CDP have been made in the draft resolution and staff is recommending approval. Applicant Ryan McDaniel of Brandon Architects, on behalf of the owner, stated that they had reviewed the draft resolution and agree with all of the required conditions. The Zoning Administrator opened the public hearing. Jim Mosher, resident, spoke regarding the accuracy of statements made relating to lateral access and offered suggested changes. David New, resident, spoke regarding the design’s compliance with Homeowner’s Association restrictions. The Zoning Administrator closed the public hearing. The Zoning Administrator directed staff to update the language in the resolution regarding access and to update Fact 3 of Finding A related to City Council adopted waterfront protection requirements. In response to Mr. New’s comment, he clarified that the City does not enforce private restrictions and does not have any policies in place to protect private views. At the request of the Zoning Administrator, the applicant confirmed the design plans had gone through the required Homeowner’s Association reviews and received approval. The Zoning Administrator approved the item as submitted with the minor revisions to the resolution as noted. Action: Approved as Amended MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 01/27/2022 Page 4 of 4 ITEM NO. 8 Magis TLCS, LLC Residence Coastal Development Permit No. CD2021-057 (PA2021- 274) Site Location: 1712 East Ocean Front Council District 1 On behalf of Joselyn Perez, Benjamin Zdeba, Senior Planner provided a brief project description stating that the request is a coastal development permit to allow the demolition of an existing single-family residence and the construction of a new single-family residence. The proposal complies with all applicable design standards with no deviations being requested. A coastal hazards report and sea level rise analysis were prepared for the project. These reports conclude that the structure will be reasonably safe for the economic life of the structure (or 75 years) due to the wide sandy beach, a lack of long-term erosion, and due to the fact the finish floor of the proposed structure is designed at 14 feet NAVD88, which is well over the 9-foot minimum identified in the NBMC. The property is located between the first public road paralleling the sea and the sea; however, City Implementation Plan Section 21.30A.040 requires the provision of public access to bear a reasonable relationship between the requirement and the project’s impact. In this case, the project is replacing a single-family residence with a single-family residence. There is no change in density and the structure is designed within the allowable development envelope. There are no designated viewpoints adjacent to the project site and given the project is in line with other existing residential development, there should be no impact to coastal views with the project’s implementation. He noted that there is existing development beyond the private property in the beach area, which is part of an ongoing enforcement effort coordinated by the City and the California Coastal Commission. As part of the draft resolution, there is Condition of Approval No. 6, which requires the applicant to cooperate with the City and the Commission to remove the unpermitted improvements and restore the area. Lastly, he stated that the findings for approval of a CDP have been made in the draft resolution and staff is recommending approval. Applicant Richard Krantz of Richard Krantz Architecture, on behalf of the owner, stated that they had reviewed the draft resolution and agree with all of the required conditions. The Zoning Administrator opened the public hearing. One member of the public, Jim Mosher, resident, spoke regarding the unpermitted construction on the beachfront and desired an update as to the City’s restoration program for other Ocean Front encroachments in the area. The Zoning Administrator closed the public hearing and approved the item as submitted. Action: Approved V. PUBLIC COMMENTS ON NON-AGENDA ITEMS None. VI. ADJOURNMENT The hearing was adjourned at 10:37 a.m. The agenda for the Zoning Administrator Hearing was posted on January 21, 2022, at 8:50 a.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 January 21, 2022, at 8:55 a.m.