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HomeMy WebLinkAbout09-29-2022_ZA_MinutesPage 1 of 4 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM THURSDAY, SEPTEMBER 29, 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 Chelsea Crager, Senior Planner David S. Lee, Associate Planner Joselyn Perez, Assistant Planner Melinda Whelan, Assistant Planner Caitlyn Curley, Planning Technician II. REQUEST FOR CONTINUANCES None. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF AUGUST 25, 2022 Action: Approved IV. PUBLIC HEARING ITEMS ITEM NO. 2 521 Iris Partners, LLC Tentative Parcel Map No. NP2022-004 (PA2022-032) Site Location: 521 and 521 ½ Iris Avenue Council District 6 Chelsea Crager, Senior Planner, provided a brief project description stating that the project is a parcel map for condominium purposes at 521 Iris Avenue. The property was previously developed as a duplex and is being redeveloped with two residential units. There is no increase in the number of residential units and the parcel map will allow the two units to be sold separately. One item of correspondence was received from Eric Bergstrom, who stated that he was not opposed to the project but wanted to confirm that the property owner was aware of nonresidential uses in the area. Senior Planner Crager noted that the draft resolution should be revised to separate Condition of Approval No. 2 into two separate conditions for clarity, with one stating that the building permit for the project will not be finalized prior to the recordation of the parcel map. Further, Conditions of Approval No. 7, 11, 13, 15, 16, and 17 should be revised to include “Before the recordation of the parcel map” rather than “before issuance of final building permits.” Applicant Blair Porteous of Sagemodern stated that he had reviewed the draft resolution and agrees with all of the required conditions, including revisions presented by staff. The Zoning Administrator opened the public hearing. Seeing that no one from the public wished to comment, the public hearing was closed. Action: Approved MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 09/29/2022 Page 2 of 4 ITEM NO. 3 Breakers Drive Lot Line Adjustment No. LA2022-001 (PA2022-083) Site Location: 3150 and 3200 Breakers Drive Council District 6 Joselyn Perez, Assistant Planner, provided a brief project description stating that the application is for a Lot Line Adjustment to adjust an interior lot line between two adjacent residential properties. The project will reallocate 48 square feet of the area from 3150 Breakers Drive to 3200 Breakers Drive. The adjusted boundary will allow a spa related to 3200 Breakers Drive, which was originally built over the property line in the 1980s, to be located entirely within 3200 Breakers Drive. The resulting lots will comply with all Title 20 lot development standards. Assistant Planner Perez added Fact in Support of Finding C to the resolution to address the properties being within the Bluff Overlay District and that the existing spa is within Development Area A, which allows for the placement of spas. Assistant Planner Perez stated that the Applicant, Apex Land Surveying, Inc, was not present for the public hearing; however, she had spoken to Mr. Paul Craft of Apex Land Surveying, Inc. over the phone and he had indicated that he agreed to the required conditions of approval. The Zoning Administrator opened the public hearing. One member of the public, Mr. Jim Mosher, spoke and stated that he believed the project required a Coastal Development Permit as the project represents an increase in density for one of the lots. Mr. Mosher then questioned the dimensions on the Lot Line Adjustment Exhibit. Assistant Planner Perez responded that the dimensions on the exhibit were to demonstrate that the new lot lines comply with planning and building code requirements and did not create any new nonconforming conditions. The Zoning Administrator spoke about the density of the properties to clarify that the prescribed density for the properties is given as a range and the project does not result in an overall change to the density of the block or change the individual allowed density of each lot. The Zoning Administrator closed the public hearing. Action: Approved ITEM NO. 4 Del Mar Roasters Minor Use Permit No. UP2022-009 (PA2022-086) Site Location: 3348 East Coast Highway Council District 6 David S. Lee, Associate Planner, provided a brief project description stating that the project is an 836-square- foot coffee shop that includes a 187-square-foot customer area with a maximum of 6 seats. The project has been conditioned to have hours of 6:00 a.m. to 6:00 p.m., daily. Mr. Lee explained the current parking condition and that the proposed coffee shop does not require more parking than the previous use. Applicant Zach Shannak stated that he had reviewed the draft resolution and agrees with all of the required conditions. The Zoning Administrator confirmed with Mr. Shannak that there is an existing trash enclosure that would be utilized for the coffee shop. The Zoning Administrator opened the public hearing. One member of the public, Monique Rigaud, spoke and stated that she is the owner of the residential property behind the alley (409 Marigold Avenue). Ms. Rigaud addressed issues regarding parking in the alley, on her property, and in front of the nearby fire hydrant. Ms. Rigaud mentioned that there is construction ongoing within the project suite. Ms. Rigaud expressed concern about the hours of operation and the operational characteristics of adjacent commercial tenants. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 09/29/2022 Page 3 of 4 The Zoning Administrator closed the public hearing. Mr. Lee addressed Ms. Rigaud’s comments by stating various conditions of approval. Condition No. 6, which requires the shop to close at 6:00 p.m., daily, is included to avoid parking issues during dinner time hours for the adjacent restaurant. Some conditions limit the number of seats, prohibit alcohol sales, restrict noise levels, and regulate delivery hours. Action: Approved ITEM NO. 5 Seaward Road, LLC Lot Merger No. LM2022-001 (PA2022-096) Site Location: 564 Seaward Road Council District 6 Caitlyn Curley, Planning Technician, provided a brief project description stating that the applicant is applying for a lot merger of two parcels, one with frontage along Seaward Road, and another located directly behind the first parcel, backing up to the golf course. Ms. Curley mentioned that the two properties are held in common ownership and have been associated with each other since the mid-1990s when a group of owners along Seaward Road purchased a strip of land behind their properties from the Irvine Company during the early development of Newport Coast. Ms. Curley pointed out that as only one of these lots is considered a legal building site and both are zoned as single-family residential, there will be not any increase in density, so a coastal development permit will not be required. Ms. Curley also stated that as the parcel is located in a special fire hazard zone, the lot merger is conditioned to require all future development to comply with any applicable Fire Department standards and requirements. Finally, Ms. Curley stated that the merging of the two lots is consistent with the general plan, zoning code, and character of the neighborhood, as several lots with a rear parcel have obtained a lot merger in the past couple of decades. Applicant John Spencer of Triquest Development, 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 a coastal development permit should have been required for the project because by increasing the lot size by merging the lots, there will be an increase in density. The Zoning Administrator closed the public hearing. Ms. Curley, addressed Mr. Mosher’s comment, stating that a coastal development permit is not required, as the lot merger will not result in an intensification of use and, because it is zoned as single-family and, unless an ADU is proposed, only one dwelling unit could be built on the property, regardless if the lots are merged or not. The Zoning Administrator provided further clarification, stating that a condition of approval of the original lot acquisition in the 1990s was that the rear parcels remain ineligible to be a second building site, and therefore the lot merger will not result in an increase in density. The Zoning Administrator also directed a minor typographic error to be corrected in the resolution. Action: Approved ITEM NO. 6 CR Family Trust Residence Coastal Development Permit No. CD2022-029 (PA2022-116) Site Location: 5007 Seashore Drive Council District 1 Melinda Whelan, Assistant Planner, provided a brief project description stating that the applicant requests a coastal development permit (CDP) to allow the demolition of an existing nonconforming duplex and the construction of a new three-story, 2,056-square-foot, single-unit residence with a 365-square-foot attached accessory dwelling unit (ADU). The proposed development includes an attached 479.5 square-foot-two-car garage. The project complies with all applicable development standards and no deviations are requested. The project includes hardscape, walls, landscaping, and drainage facilities. All improvements reviewed under this CDP application are within the confines of private property. Any future encroachments into the West Ocean Front public beach would require a separate review and permit from the California Coastal Commission. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 09/29/2022 Page 4 of 4 Applicant Eric Trabert, 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 asked for clarification on the condition restricting short-term rental or lease of the accessory dwelling unit (ADU). The Zoning Administrator clarified the condition is compliant with the Zoning Code and State Law prohibiting rental or lease of the ADU for 30 days or less. The Zoning Administrator closed the public hearing. Action: Approved V. PUBLIC COMMENTS ON NON-AGENDA ITEMS None. VI. ADJOURNMENT The hearing was adjourned at 10:42 a.m. The agenda for the Zoning Administrator Hearing was posted on September 23, 2022, at 10:00 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 September 23, 2022, at 10:30 a.m.