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HomeMy WebLinkAbout01_03-24-2022_ZA_Minutes - DRAFT Page 1 of 4 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM THURSDAY, MARCH 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 Liz Westmoreland, Associate Planner Patrick Achis, Assistant Planner Joselyn Perez, Assistant Planner II. REQUEST FOR CONTINUANCES None. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF MARCH 10, 2022 Action: Approved as Amended IV. PUBLIC HEARING ITEMS ITEM NO. 2 Golden Rabbit Restaurant Minor Use Permit No. UP2021-044 (PA2021-254) Site Location: 217 Marine Avenue, Suite B Council District 5 Joselyn Perez, Assistant Planner, provided a brief project description stating that the request is for a minor use permit to operate a takeout service, limited eating and drinking establishment on Marine Avenue on Balboa Island. Marine Avenue is developed with a mixture of commercial and mixed-use structures, with residential uses to the rear of the project site, which is why a minor use permit is required. Ms. Perez described that the project suite will be improved with an area for customers to order Boba and Asian fusion dishes, a kitchen, prep area, and storage. The proposed hours of operation are from 9 a.m. to 9 p.m. and no seating is proposed as part of the project. The existing building is nonconforming due to parking: however, the zoning code allows a new use to move into a building with nonconforming parking provided the new use does not have a higher parking rate than the previous use. The takeout service, limed land use has a parking rate of 1 space per 250 square feet of area, the same parking rate as the preceding use, therefore there is no intensification of use. Additionally, while the project is in the Coastal Zone, since there is no intensification of use, a Coastal Development Permit is not required. Staff recommended approval of the project. The Zoning Administrator asked Ms. Perez to update Fact 6 in support of Finding B to correctly reference Condition of Approval Number 6. He added a condition of approval that the dumpsters for the business shall have a solid cover or lid due to the lack of space to create a new enclosed trash enclosure. Applicant’s representative, Gary Maxwell of Maxwell and Associates, 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 as Amended MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 03/24/2022 Page 2 of 4 ITEM NO. 3 DeYoung Residence Coastal Development Permit No. CD2021-061 (PA2021-231) Site Location: 2762 Bay Shore Drive Council District 3 Joselyn Perez, Assistant Planner, provided a brief project description stating that the request is for a coastal development permit to allow the demolition of an existing single-family residence and the construction of a new two-story, 3,553 square-foot, single-family residence with an attached 478-square-foot, two-car garage. The project site is located within the Bayshores Community on a waterfront lot that is zoned R-1. The residence complies with all development standards and provides a larger setback along the waterside resulting in a large open area. The project site is protected by an existing bulkhead and no work is proposed to the bulkhead as it was raised in 2003 and already complies with the minimum elevation required to protect the residence from coastal hazards. The Bayshores community is a private community that predates the Coastal Act, and no public access is available; therefore, the project will not result in impacts to the public’s ability to access the coast. While the project site is within the general viewshed of the coast from Lower Castaways Park, the project is within a fully developed neighborhood and the home is likely to be obscured by the surrounding development. Furthermore, the project does not have any unique feature, complies with Zoning Code height limits, and is unlikely to impact public views. Staff recommended approval of the project. Applicant Justin Johnston of Brandon Architects, 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, Mr. Jim Mosher, spoke and stated that the resolution uses the two-word Bay Shore Drive for the project address whereas the Postal Service uses the single word Bayshore Drive and the discrepancy is confusing. The Zoning Administrator noted that staff would investigate the comment further for future projects. The Zoning Administrator closed the public hearing. Action: Approved ITEM NO. 4 Armour Residence Coastal Development Permit No. CD2022-002 (PA2022-001) Site Location: 729 Via Lido Soud Council District 1 Liz Westmoreland, Associate Planner, provided a brief project description stating that the proposed project is a demolition of an existing single-family residence and the construction of a new single-family residence. The project complies with minimum development standards. The project includes the proposal to raise the bulkhead which meets the City standards. Ms. Westmoreland included additional materials which are responses to questions from the neighborhood. Ms. Westmoreland described a change to the project description for the raising of the bulkhead in the resolution. The Zoning Administrator requested that staff add a condition of approval regarding the height and adaptability of the bulkhead. Applicant Carlton Graham, 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 as Amended MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 03/24/2022 Page 3 of 4 ITEM NO. 5 Kamps Residence Coastal Development Permit No. CD2022-006 (PA2022-006) Site Location: 1802 and 1802 ½ West Ocean Front Council District 1 Patrick Achis, Assistant Planner, provided a brief project description stating that the proposed project includes the demolition of an existing duplex and the construction of a new single-family residence with an attached accessory dwelling unit (ADU). Mr. Achis provided the zoning designation and described the surrounding pattern of development. Mr. Achis stated that the project complies with development standards. Coastal hazards will not impact the project over the next 75 years. Mr. Achis stated that the project does not inhibit public views or public access. Mr. Achis discussed a public comment from Zach Rehm, District Supervisor of the California Coastal Commission, which stated that the project would result in the loss of housing and questioned the consistency to the land use plan. Mr. Achis proposed a statement in the resolution stating that the project complies with the Housing Crisis Act of 2019 and Senate Bill 8 because it does not result in the loss in residential density. The General Plan, Zoning Code, and Local Coastal Program allow for single-family residences and attached ADU’s as a permitted land use. The Zoning Administrator accepted Mr. Achis’ request to add the additional Fact in Support of Finding to the Section A of the resolution. Applicant William Guidero, 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, spoke and stated that he was surprised by the letter from Mr. Rehm, as his understanding was that similar projects were approved by the California Coastal Commission in other areas. Mr. Mosher stated that the Implementation Plan allows for single-unit development in the Multiple-Residential Zoning. The Zoning Administrator closed the public hearing. Action: Approved as Amended ITEM NO. 6 Longman Residence Coastal Development Permit No. CD2021-082 (PA2021-307) Site Location: 2571 Vista Drive Council District 3 Patrick Achis, Assistant Planner, provided a brief project description stating that the proposed project is coastal development permit to allow the demolition of an existing single-family residence and the construction of a new three-story, single-family residence with attached two-car garage. Mr. Achis stated the design is consistent with the site’s zoning designation and surrounding pattern of development. The project complies with development standards. Coastal hazards will not impact the project over the next 75 years. Mr. Achis stated that the project does not inhibit public views or public access. Mr. Achis acknowledged he received a written public comment from a neighbor who expressed opposition to the project’s third floor as the Bayshores Community Association prohibits third floors. While the City does not regulate or enforce homeowners’ association requirements, the Applicant provided a letter of approval from the Bayshores Community Association for the project. The “third floor” of the project consists of an enclosed landing to access the open roof deck. Applicant William Guidero, 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 as Amended MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 03/24/2022 Page 4 of 4 ITEM NO. 7 Root Residence Coastal Development Permit No. CD2022-004 (PA2022-009) Site Location: 2661 Crestview Drive Council District 3 Patrick Achis, Assistant Planner, provided a brief project description stating that the proposed project is coastal development permit to allow the demolition of an existing single-family residence and the construction of a new three-story, single-family residence with attached two-car garage. Mr. Achis stated the design is consistent with the site’s zoning designation and surrounding pattern of development. The project complies with development standards. Coastal hazards will not impact the project over the next 75 years. Mr. Achis stated that the project does not inhibit public views or public access. Applicant Chuck Steichen of LSA Architecture Inc., 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. VI. ADJOURNMENT The hearing was adjourned at 10:32 a.m. The agenda for the Zoning Administrator Hearing was posted on March 18, 2022, at 2:40 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 March 18, 2022, at 2:35 p.m. Jaime Murillo Zoning Administrator