HomeMy WebLinkAbout01_02-24-2022_ZA_Minutes - DRAFT
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NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM THURSDAY, FEBRUARY 24, 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
Liz Westmoreland, Associate Planner Caitlyn Curley, Planning Technician
II. REQUEST FOR CONTINUANCES
None. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF FEBRUARY 10, 2022 Action: Approved as Amended
IV. PUBLIC HEARING ITEMS ITEM NO. 2 Pacific Bell Telephone Company Lot Line Adjustment No. LA2019-001 (PA2019-089) Site Location: 1650 Ford Road and the abutting parcel to the west (APNs 458-361-02 and 458-361-10) Council District 5
Benjamin Zdeba, Senior Planner, provided a brief project description stating that the applicant is requesting to
realign an interior property line between two privately owned lots that are owned in common by the Pacific Bell Telephone Company. The parcels that are involved are 1650 Ford Road, which is improved with the AT&T
Switching Station and portions of a surface parking lot, and the abutting parcel to the west, which again is privately owned by the same property owner and is developed with surface parking for the switching station,
and a freestanding wireless telecommunications facility. The applicant would like to shift the interior property line westward to move around the existing improvements and to bring the surface parking onto the same parcel
as the switching station building. This results in a net increase of approximately 9,831 square feet for the switching station parcel, 1650 Ford Road, and a net reduction of the same for the abutting parcel. Both parcels
are zoned PF (Public Facilities) and the allowable land uses are not changing as part of this request. Mr. Zdeba stated that staff analyzed the merits of the application against the findings for a lot line adjustment and believes all findings are made and supported by the facts in the draft resolution. He added that staff received several public comments on this application. The majority of them expressed concerns that the City is considering
giving away or selling portions of the Bonita Canyon Spots Park. Staff prepared a memo clarifying that this is not the case and has provided a response to each concerned resident to help clear up the confusion. Other
public comments were received regarding concerns of future development and indicating the parcel to the west should be pursued as additional parkland. In response to the Zoning Administrator’s inquiry, Mr. Zdeba clarified that both parcels are categorized as PF
(Public Facilities) by the General Plan Land Use Element. The currently allowed uses include utilities and utility buildings, subject to a conditional use permit for major utilities. Another notable use is a daycare facility, which
is allowed with a minor use permit. He stated that any change to these allowable uses would require a legislative action to amend the Land Use Element category and rezone the property. He emphasized that future development including a land use change would require future public hearings.
MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 02/24/2022
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The applicant’s representative, Mike Morgan of Blu Croix Ltd., stated that they had reviewed the draft resolution and agree with all the required conditions.
The Zoning Administrator opened the public hearing. Jim Mosher, resident, spoke and indicated there is another address of 4302 Ford Road, which has been involved in prior applications, and expressed confusion as to how that address relates to the current application for 1650 Ford Road. He also had questions on the mapping exhibits regarding lot line layout and easements.
Janice Grace, resident, spoke and expressed a lack of clarity on the item due to the public notice. She also indicated that the Lot Line Adjustment request does not address the need for a second driveway approach and expressed concern that this action would create a landlocked parcel.
Jerry Schmitt, resident, expressed concern that easements were changing as part of this application. He also indicated that there is a need for additional maneuvering as vehicles are turning onto Bonita Canyon from
MacArthur. Perhaps this property could serve as an opportunity to address that. He also implored the property owner to consider donating the western parcel to the City for expanding the park. The Zoning Administrator closed the public hearing.
In response to Mr. Mosher’s comments, Mr. Zdeba clarified that the easements in the exhibits were not
changing. He added that the City’s Public Works Department reviewed the exhibits and will review the final exhibits, if approved.
In response to public comments made, Mr. Morgan clarified the nature of the adjustment, plans for the future
of the parcel related to a potential buyer, and he noted that the western parcel would not be made landlocked as part of this action.
The Zoning Administrator reiterated that future development on the properties that is inconsistent with the
existing land use allowances would require additional public hearings. He found the project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15305 of the CEQA Guidelines, and he
approved the project as submitted. Action: Approved
ITEM NO. 3 Roberts Tennis Court Lighting Minor Use Permit No. UP2021-038 (PA2021-237) Site Location: 5 Leesbury Court Council District 4
Caitlyn Curley, Planning Technician, provided a brief project description stating that a minor use permit for tennis court lighting was requested as part of a larger remodel at 5 Leesbury Court. She also stated the property
is located in the Ford Aeronutronic Planned Community, which allows tennis court lighting with an approved minor use permit, and that tennis court lighting is present on several lots in the vicinity, most of which were
permitted when the community was first built in the late 1980s. Caitlyn Curley clarified that the height of the requested tennis court lighting is 20’, not the 18’ mentioned in the staff report, and that the lighting has been designed to angle away from neighboring properties and the public right-of-way. The tennis court lighting has also been conditioned to limit its operation from 6 a.m. to 11 p.m.
The Zoning Administrator, with confirmation from Todd Skenderian, clarified that 300-watt LED lighting is being
proposed, instead of the metal halide lighting required by the Planning Community Regulations, and that this is an acceptable substitution due to the fact that both types give off a similar light and the fact that LED lighting was not commonly in use at the time of the Planning Community Regulations being written.
Applicant Todd Skenderian of Todd Skenderian Architect, 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 02/24/2022
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The Zoning Administrator opened the public hearing. One member of the public, Jim Mosher, spoke and requested clarification as to staff’s selection of examples of existing, permitted tennis courts. At the Zoning Administrator’s request, Caitlyn Curley replied that examples were selected because the courts in question
utilized tennis court lighting that has been approved by a use permit, and in the vicinity of the subject property. The Zoning Administrator closed the public hearing. The Zoning Administrator requested condition number one be modified to remove a reference to building elevations and add a mention of approved lighting details.
Action: Approved as Amended ITEM NO. 4 Oinkmoo Boba Minor Use Permit No. UP2021-032 (PA2021-181) Site Location: 2233 West Balboa Boulevard, Unit 105 Council District 1
Liz Westmoreland, Associate Planner, provided a brief project description stating that the application is for a minor use permit to allow the operation of a boba shop with six seats or fewer, no alcohol service, no late hours, and no live entertainment. Ms. Westmoreland addressed the written public comments received and
incorporated the corrections to typographical errors in the final resolutions. Ms. Westmoreland stated that the existing trash enclosure is adequate and generally consistent with current Zoning Code requirements. The City
utilizes franchised haulers for trash and recycling services, and they will be required to comply with all state laws.
Applicant Jonathan Ng, on behalf of the operator, stated that he had reviewed the staff report but did not review
the conditions of approval. Zoning Administrator Murillo described the conditions of approval and the applicant confirmed they understand and will comply.
The Zoning Administrator opened the public hearing. Seeing that no one from the public wished to comment,
the public hearing was closed. A correction was made to Condition of Approval 1 to remove the reference to building elevations.
Action: Approved as Amended
ITEM NO. 5 Ruprecht Residence Coastal Development Permit No. CD2021-074 (PA2021-282) Site Location: 114 Via Lido Nord Council District 1
Liz Westmoreland, Associate Planner, provided a brief project description stating that the application is a
coastal development permit to allow the demolition of an existing single-family residence and construction of a new single-family residence. The structure is smaller than allowed by the zoning code, reducing the bulk and
scale of the project. The project includes repair and maintenance of the bulkhead including replacement of coping.
Applicant Eric Aust, 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 V. PUBLIC COMMENTS ON NON-AGENDA ITEMS None.
MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 02/24/2022
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VI. ADJOURNMENT The hearing was adjourned at 10:48 a.m.
The agenda for the Zoning Administrator Hearing was posted on February 17, 2022, at 5:35 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 February 17, 2022, at 5:30 p.m.
Jaime Murillo
Zoning Administrator