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HomeMy WebLinkAbout01_06-30-2022_ZA_Minutes - DRAFT Page 1 of 4 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES ZOOM THURSDAY, JUNE 30, 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 Joselyn Perez, Assistant Planner Melinda Whelan, Assistant Planner Liane Schuller, Planning Consultant II. REQUEST FOR CONTINUANCES None. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF JUNE 16, 2022 Action: Approved IV. PUBLIC HEARING ITEMS ITEM NO. 2 925 Via Lido Soud, LLC Bulkhead Coastal Development Permit No. CD2022-009 and Staff Approval No. SA2022-004 (PA2022-025) Site Location: 925 Via Lido Soud Council District 1 Liz Westmoreland, Associate Planner, provided a brief project description stating that the project is a coastal development permit to allow the construction of a new bulkhead where there is currently no shoreline protection. Ms. Westmoreland described the project in greater detail. Staff was tasked with conducting two tests, one to determine if the bulkhead is located within the City’s permit jurisdiction and two if the project complies with all of the policies and regulations of the Local Coastal Program, which is implemented through Title 21 Implementation Plan. Staff described the bulkhead location in relation to the jurisdictional line, the US Bulkhead Line, tidelands, etc., and confirmed that the project is located within the City’s jurisdiction. Staff discussed a few of the key Implementation Plan sections that apply to the project and the associated analysis provided in the staff report. Ms. Westmoreland stated that dredging has occurred at the site in the past and discussed public access and views at the site. The proposed project would not impact the public’s ability to access the water adjacent to the site. Ms. Westmoreland described the facts in support of the grade determination. Ms. Westmoreland described the written public comments submitted by Mr. Jim Mosher and accepted the typographical error corrections. Ms. Westmoreland made minor changes to the draft resolution to include a sub-fact under Finding A, Fact 1, stating the intent of NBMC Section 21.30.030. Ms. Westmoreland stated that the project is consistent with the intent of the section. Staff also removed references to an adjacent beach to make the resolution consistent. Staff also added that the bulkhead is intended to protect existing development on Lido Isle. Staff also added a statement that the project is consistent with the pattern of development on Lido Isle which primarily consists of bulkheaded properties. Staff clarified the intent of Condition of Approval 8 is to work with Coastal Commission to coordinate the removal of the existing offsite glass fence. The Zoning Administrator stated that Mr. Mosher’s comments generally reflect the Coastal Commissions’ views regarding new shoreline protective devices for properties on the beach. This project is unique because it is in MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 06/30/2022 Page 2 of 4 the harbor in an area surrounded by bulkheaded properties. The bulkhead would close a gap in the system of walls that would protect existing development and infrastructure. Applicant’s representative Sherman Stacey, on behalf of the Owner, stated they agree with the staff recommendation. Mr. Stacey responded to Mr. Mosher’s comments stating that the harbor is not an unaltered natural resource, it is not on the cliffs of Corona Del Mar. The project fills in a gap in an existing system to ensure that a continuous system of bulkheads is in place to protect the harbor as a public resource. The shoreline processes in the harbor have been altered for a long time. Mr. Stacey stated that the LCP speaks to the need to maintain bulkheads. Mr. Stacey stated that he had reviewed the draft resolution as amended 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 believed that the application was for a wall that would be built over the maximum allowed height in the front setback. Mr. Mosher provided comments on the Coastal Hazards report and bulkheads on Harbor Island. Mr. Mosher discussed the references in the report to a sandy beach and the street elevations on Lido Isle. He asked about the status of the City’s new tide gauge. The Zoning Administrator closed the public hearing. The Zoning Administrator asked about the reference to the beach. Ms. Westmoreland stated that we should strike the references to the beach to be consistent. Ms. Westmoreland clarified that when the tide is at its highest there is no beach, but when we discuss the technical term of submerged lands the definition is different which creates some confusion. The Zoning Administrator discussed that the grade determination is permissible through this process to make the grade measurement consistent with neighbors’ grades. Mr. Stacey stated that the question is whether or not a bulkhead is necessary to protect existing development. The clear intent of the LCP is to balance alterations within the harbor and the ability to maintain the harbor as a small craft harbor. The project is consistent with the LCP. The Zoning Administrator discussed that the tide levels are average and there are times when the tide is higher or lower. Plugging a hole in the system of bulkheads is allowable and consistent with the LCP. Action: Approved as Amended ITEM NO. 3 Thomas James Homes Residence Coastal Development Permit No. CD2022-015 (PA2022-046) Site Location: 4014 Channel Place Council District 1 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 single-family residence with an attached two-car garage. The request also includes other common development features such as hardscape, landscape, and site walls as well as the raising and reinforcing of an existing bulkhead for protection against coastal hazards. Assistant Planner Perez described the project site as a waterfront lot on Newport Island, stated that the site is zoned R2 which allows for the development of either a duplex or a single-family residence, and stated that the proposed development complies with all relevant development standards. She continued that the project site is located between the first public road and the sea and was analyzed for potential negative impacts on coastal access and coastal views. The project was found to not have any features that would negatively impact coastal access or coastal views. Assistant Planner Perez concluded her presentation by discussing the bifurcated permitting jurisdiction of the property between the California Coastal Commission (CCC) and the City of Newport Beach. She added clarifying facts to the draft resolution and an additional condition of approval requiring the Applicant to obtain approval from the CCC for work to the bulkhead and tiebacks lying within the jurisdiction of the CCC. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 06/30/2022 Page 3 of 4 Applicant Pua Whitford, of CAA Planning, 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. Action: Approved as Amended ITEM NO. 4 Xanadu Café Minor Use Permit Amendment No. UP2021-036 (PA2021-220) Site Location: 100 West Coast Highway, Suite 104 Council District 2 Melinda Whelan, Assistant Planner, explained that the request is to amend a minor use permit to upgrade the existing Type 41 (Beer and Wine - Eating Place) Alcoholic Beverage Control (ABC) License to a Type 47 (On-Sale General - Eating Place) ABC License at the existing Xanadu Café. No change to floor area, hours of operation, or seating is proposed with the amendment. There are no proposed changes to the floor plan and the hours of operation would remain 6 a.m. to 10 p.m., daily. If approved, this amendment will supersede Minor Use Permit Nos. UP2015-007 (PA2015-021) - (for the existing café) and UP2016-042 (PA2016-174) - (addition of Type 41 ABC License). Mrs. Whelan also explained that during the initial review of the applicant’s request, the City’s Code Enforcement Division identified that the café was offering hookah as part of its menu for on-site use. This component was not reviewed or allowed and is defined in Chapter 20.70 (Definitions) of the Newport Beach Municipal Code (NBMC) as a “smoking lounge” use, which is prohibited citywide. The applicant has since responded by removing hookah from the menu, including all hookah-related equipment from the premises, and has proven the violation is corrected. The Resolution includes a condition to prohibit any smoking lounge activities on the premises. Mrs. Whelan added that in 2016, a glass barrier fence was constructed without the benefits of permits beyond the outdoor dining patio and into the Caltrans-right-of-way. This area of the walkway is within the Caltrans-right-of-way and does not allow permanent structures or private use of the area. This Minor Use Permit Amendment does not include an increase of the approved 121-square-foot outdoor dining area and the glass barrier fence is conditioned to be removed. The approved outdoor dining area is conditioned to maintain the ABC required barrier entirely on the private property, consistent with the approved set of plans. Mrs. Whelan shared photos of the corrected barrier location. In conclusion, Mrs. Whelan added that the Police Department included conditions of approval in the Resolution relative to the sale of alcohol to help ensure compatibility with the surrounding uses and minimize alcohol-related impacts. Applicant Michael Cho, on behalf of Xanadu Café, stated that he had reviewed the draft resolution and agrees with all of the required conditions. The Zoning Administrator added the following language to Condition No. 5, “The design and materials of the new ABC barrier shall be reviewed and approved by the Planning Division prior to installation.” 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 ITEM NO. 5 Onyx Athletica, LLC Minor Use Permit No. UP2021-041 (PA2021-247) Site Location: 847 West 16th Street Council District 2 Liane Schuller, Planning Consultant, provided a brief project description stating that the applicant requests a minor use permit to allow a personal training facility and online activewear business in the light industrial zone. The project will provide a host facility for private personal trainers who will contract with Onyx Athletica LLC for use of space and equipment to train individual private clients. The business will also conduct online retail sales of men’s and women’s activewear. Clothing is manufactured offsite, shipped to the facility, and then packed MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 06/30/2022 Page 4 of 4 and shipped to fulfill online orders. There will not be an in-person retail operation onsite. Ms. Schuller stated that questions arose regarding onsite parking after the staff report was released. The property owner has provided written confirmation that thirty (30) parking spaces will be allocated to the applicant to ensure that onsite parking complies with the City’s requirements for personal training facilities. The conditions of approval in the draft resolution would be revised to reflect this. Applicant Griffin Leener stated that he had discussed the parking concern with Ms. Schuller, reviewed the draft resolution, and agrees with all of the required and revised conditions. The Zoning Administrator opened the public hearing. One member of the public, Jim Mosher, spoke and questioned whether the proposed use was appropriate in the industrial zone. The Zoning Administrator clarified that the proposed use is specifically allowed by the zoning code, subject to the approval of a use permit. The Zoning Administrator closed the public hearing. Action: Approved as Amended V. PUBLIC COMMENTS ON NON-AGENDA ITEMS None. VI. ADJOURNMENT The hearing was adjourned at 11:07 a.m. The agenda for the Zoning Administrator Hearing was posted on June 23, 2022, at 5:30 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 June 23, 2022, at 6:00 p.m. Jaime Murillo Zoning Administrator