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HomeMy WebLinkAbout01_08-25-2022_ZA_Minutes - DRAFT Page 1 of 3 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM THURSDAY, AUGUST 25, 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 M. Zdeba, Principal Planner Chelsea Crager, Associate Planner Melinda Whelan, Assistant Planner Liane Schuller, Planning Consultant II. REQUEST FOR CONTINUANCES None. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF AUGUST 11, 2022 Action: Approved as Amended IV. PUBLIC HEARING ITEMS ITEM NO. 2 417 Heliotrope Ave. LLC Condominiums Tentative Parcel Map No. NP2022-007, Condominium Conversion No. CC2022-001 and Coastal Development Permit No. CD2022-036 (PA2022-137) Site Location: 417 and 417 ½ Heliotrope Avenue Council District 6 Melinda Whelan, Assistant Planner, provided a brief project description stating that a condominium conversion, tentative parcel map, and coastal development permit to convert an existing duplex into a two-unit residential condominium. The duplex was permitted in 2021 per condominium standards; however, a parcel map was not recorded, and the building permit was finalized in 2022 as a duplex. The Condominium Conversion and Tentative Parcel Map will allow each unit to be sold individually. No waivers of Title 19 (Subdivisions) are proposed. A coastal development permit (CDP) is required because this property is in the Coastal Zone. Mrs. Whelan added that standard public works improvements were conditioned; however, some of these may have already been completed with the recent construction of the duplex. Public Works would like the conditions to remain in the resolution and will be verified during the final map process. Applicant Wendy Gillfillan 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 ITEM NO. 3 Turner Residence Addition and Remodel Coastal Development Permit No. CD2022-028 (PA2022-103) Site Location: 2801 Circle Drive Council District 2 Benjamin M. Zdeba, Principal Planner, provided a brief project description stating the project is a remodel and addition to an existing single-family residence in the Bayshores Community, a private gated residential MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 08/25/2022 Page 2 of 3 neighborhood south of Coast Highway that was developed in 1941, prior to the Coastal Act of 1976. The applicant requests to remove an existing substandard garage, add a new conforming three (3)-car garage, and add approximately 2,130 square feet of living area. The total resulting square footage would be approximately 6,970 square feet. Given the addition is greater than 10 percent of the existing floor area and the site is located between the first public road paralleling the sea and the sea, a coastal development permit is required. He added there are no deviations requested. The project complies with all Municipal Code requirements from Title 20 and Title 21 and is required to comply with all Building, Fire, and other City Codes as part of the construction review process. Given the project modifies an existing single-family residence with no change in density, there is no impact on coastal resources as a result. The project is not located in any sensitive view areas, is keeping to the allowable building envelope, and has no real potential to enhance available coastal resources. Lastly, he noted for the record that the site includes an apparent nonconforming fence that is six feet tall and encroaches into the curving front setback along Waverly Drive. The applicant has confirmed through the plans that the fence is existing to remain and will be protected in place. If during construction, the fence is partially removed or damaged, it cannot be replaced in kind. Applicant Ron Ritner of Ritner Group, on behalf of the property owner, stated that they had reviewed the draft resolution and agreed 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. The Zoning Administrator approved the project as submitted. Action: Approved ITEM NO. 4 Chen Residence Coastal Development Permit No. CD2022-013 (PA2022-042) Site Location: 1424 Galaxy Drive Council District 3 Chelsea Crager, Associate Planner, provided a brief project description stating that the project is a coastal development permit for the demolition of an existing single-family residence and the construction of a new single-family residence within the R-1-6000 zoning district and within the Bluff Overlay. There is an existing nonconforming retaining wall at the rear of the property that may remain pursuant to NBMC 21.38.040 (Nonconforming Structures). All proposed development is consistent with development standards and no deviations are requested. Fact 4 in support of Finding A of the resolution should be updated to clarify that the site is subject to landslide, not liquefaction. Further, a condition of approval should be added to the resolution stating that fences, hedges, and walls are limited to a height of 42 inches in the front setback area. Applicant Phil Nielson stated that he had reviewed the draft resolution and agrees with all of the required conditions. The Zoning Administrator asked for clarity regarding Condition of Approval No. 4 regarding swimming pools. Ms. Crager responded that a pool may be proposed, and the condition of approval is appropriate. 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 08/25/2022 Page 3 of 3 ITEM NO. 5 Biologi Spa Minor Use Permit No. UP2022-016 (PA2022-140) Site Location: 1340 Bison Avenue Council District 3 Liane Schuller, Planning Consultant, provided a brief project description stating that approval is requested for a day spa which requires a minor use permit for a Personal Services, Restricted land use. The shopping center contains other personal service uses and the Community Development Director has determined the proposed use to be compatible and like other commercial land uses in Sub-area 5 of the Bonita Canyon Planned Community. A description of the business is included on handwritten page 18 of the staff report. The medical component is approximately 15 percent of the operation, well within the limits prescribed for Personal Services, Restricted land uses. Applicant Camelia Bennani stated that she had reviewed the draft resolution and agrees with all of the required conditions. Proposed hours of operation were discussed and clarified. The Zoning Administrator opened the public hearing. Seeing that no one from the public wished to comment, the public hearing was closed. Based on input, the Zoning Administrator recommended modifying operating hours to permit business hours of 8:00 a.m. to 8:00 p.m. daily. Action: Approved as Amended V. PUBLIC COMMENTS ON NON-AGENDA ITEMS None. VI. ADJOURNMENT The hearing was adjourned at 10:23 a.m. The agenda for the Zoning Administrator Hearing was posted on August 18, 2022, at 3:00 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 August 18, 2022, at 3:30 p.m. Jaime Murillo Zoning Administrator