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HomeMy WebLinkAbout10-27-2022_ZA_MinutesPage 1 of 4 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM THURSDAY, OCTOBER 27, 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 Afshin Atapour, Assistant Planner Joselyn Perez, Assistant Planner II. REQUEST FOR CONTINUANCES None. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF OCTOBER 13, 2022 Action: Approved IV. PUBLIC HEARING ITEMS ITEM NO. 2 Annual Review of Hoag Memorial Hospital Presbyterian Development Agreement No. 5 (PA2009-064) Site Location: 1 Hoag Drive Council District 2 Chelsea Crager, Senior Planner, provided a brief project description stating that the project is the annual review of the Hoag Memorial Hospital Presbyterian Development Agreement (DA). The DA was originally signed in 1994 and had amendments, with the most recent amendment occurring in 2021. It extended the term of the agreement to an additional 10 years and included additional public benefit requirements. Most of the improvements at Hoag over the past year have been interior improvements, except for an addition to the General William Lyon Leadership Center on the upper campus. The landscape area on the lower campus is in healthy condition. Hoag continues to monitor the water vapor plume at the Co-Gen facility. Noise measurements were not taken at the Villa Balboa residential community this year at the request of Villa Balboa. Noise measurements at the Versailles residential community were found in compliance with code requirements. Hoag is up to date with required public benefit payments. Zoning Administrator Murillo clarified that although the initial letter submitted by Hoag with the annual review stated that no noise measurements were taken, noise measurements were taken at a later date, except for at Villa Balboa. Roxanna Bryant, on behalf of the Hoag Memorial Hospital Presbyterian, stated that she had reviewed the staff report and is in agreement. 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 thanked Hoag for their commitment to reducing noise. Action: Approved MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 11/23/2022 Page 2 of 4 ITEM NO. 3 Annual Review of Uptown Newport Development Agreement No. DA2012-003 (PA2014- 039) Site Location: 4311-4321 Jamboree Road Council District 3 Chelsea Crager, Senior Planner, provided a brief project description stating that the project is the annual review of the development agreement (DA) for Uptown Newport. The DA was originally signed in 2013 and has since been amended. The construction of Parkhouse, a 30-unit residential condominium project, has begun construction. The minor site development review for a 60-unit residential condominium project was approved and building permits have not yet been issued. The completion of these two projects would complete Phase 1 of the Uptown Newport Development. The Phase 1 park construction is complete. Uptown Newport is up to date on required park-in-lieu fee payments and public benefit fee payments. All 92 affordable residential units in the apartment buildings are occupied. 77 units were transferred from Uptown Newport to 1300 Bristol Street. Those units will be subject to park-in-lieu fees and public benefit fees according to the DA. Tom Bitney, on behalf of Uptown Newport, stated that he had reviewed the staff report and is in agreement. 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 noted that it was exciting to see housing developments being completed in the area and implementing the vision of the 2006 General Plan. He noted that it would be helpful for next year’s review to include an aerial or map to show where each development is located. Action: Approved ITEM NO. 4 Friedman Residence Coastal Development Permit (PA2022-0186) Site Location: 7106 West Ocean Front Council District 1 Afshin Atapour, Assistant Planner, provided a brief project description stating that this project is for a Coastal Development Permit to allow the demolition of an existing single-family residence and the construction of a new 2,637-square-foot, three-story, single-family residence with an attached 382-square-foot, two-car garage. The project includes hardscape and drainage facilities all within the confines of the property. The project also complies with all development standards and no deviations from the Municipal Code are requested. Applicant Philip Nielsen 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 ITEM NO. 5 DISH Wireless Coastal Development Permit (PA2021-301) Site Location: 2865 and 2867 (CS) East Coast Highway Council District 6 Joselyn Perez, Assistant Planner, provided a brief project description stating that the request is for a Coastal Development Permit (CDP) to collocate a new telecom facility on the rooftop of an existing commercial building. She provided the zoning of the project site, its location within the coastal zone, that the existing building was constructed in 1965 following a variance for height, and that there is an existing projecting sign installed on the primary frontage of the building which exceeds both the height of the building and all rooftop equipment. She described the existing rooftop equipment and physical attributes of the existing telecom infrastructure and screening. A CDP is required for the new antenna arrays as they represent a substantial change in physical dimensions from the originally approved telecom facility; however, if the project were located outside of the coastal zone, no discretionary permit would be required. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 11/23/2022 Page 3 of 4 Assistant Planner Perez prefaced the description of the project by clarifying the City’s role in the review of the telecom facility. She listed the three federal laws which preclude the City from considering RF emissions and reiterated that the City’s review is limited to land use compatibility, aesthetics, and coastal access. Assistant Planner Perez detailed the applicant’s request stating that the project will allow the installation of up to 6 antennas, remote radio units, support equipment, and two new FRP screens. The new facility is considered a Class 1 telecom facility as it is fully screened from view. The FRP screens will be light brown to match the existing FRP screens and the architectural style of the Port Plaza building on which the infrastructure sits. She continued that staff conducted a visual evaluation of the site the Newport Beach Municipal Code (NBMC) section 21.30.100 and found no impacts on public views. Furthermore, the project will have no impact on coastal access. Assistant Planner Perez concluded that the staff recommends approval of the project. The Zoning Administrator asked Assistant Planner Perez if she had considered NBMC sections 20.49.090 and 21.49.090 (Modification and Collocation of Existing Telecom Facilities). Assistant Planner Perez responded that because the new telecom facility would enlarge the physical dimensions of the existing telecom infrastructure by more than five percent, it represents a substantial change and does not fit within the NBMC parameters as a request to modify an existing facility. The Zoning Administrator stated that if the project does not fit within the parameters, then Titles 20 and 21 of the NBMC require the project to follow regular processing procedures. He questioned why, if the height of the telecom infrastructure exceeds the maximum allowable height of the zoning district, did the application not include a request for a Conditional Use Permit, as required by NBMC section 20.49.060 (Permit Review Procedures) and Planning Commission review of the coastal development permit as required by NBMC section 21.49.060 (Permit Review Procedures). Staff responded that because the newly proposed FRP screening matches the height of the existing FRP screening, staff did not analyze the application as an increase in height. The Zoning Administrator questioned if the Applicant pursued any alternatives to reduce the amount of bulk visible from the primary frontage or made any attempts to locate the new telecom facility within the existing FRP screens. Assistant Planner Perez answered that the Applicant had reduced the height of the FRP screen from their initial request. She then added that the FRP screens are setback approximately 5 feet from the building edge to prevent the FRP screens from appearing as a solid parapet or extension of the building and provide the modulation. The Zoning Administrator then asked the Applicant if they wished to expand upon any of the questions the staff answered. Mr. Peter Blied, of Plancom, on behalf of DISH Wireless, spoke. He stated that under 6409(a) of the Middle-Class Tax Relief and Job Creation Act of 2012 the project fits within the required parameters to be considered an eligible facilities request. Mr. Blied continued that a local jurisdiction shall not deny an application that complies with 6409(a). The Zoning Administrator questioned the Applicant why the new equipment was not consolidated within the existing FRP screens or why the existing screening enclosures were not extended to accommodate the new equipment rather than construct two new screening enclosures. He cited concerns that the new screening enclosure and installation along the primary frontage is extremely visible. While East Coast Highway is not an identified coastal view road at this location, the highway is an important corridor through Corona del Mar and the building frontages add to the visual character of the area. He continued that although the FRP screens are proposed to painted to match the building,no other attempt to incorporate the architecture of the building was made and as a result, the FRP screen looks very box-like and inconsistent with the City’s screening standards. The Zoning Administrator asked if the antennas could be located within the existing projecting sign. The Applicant explained how the location of the antennas is selected based on RF propagation and the need for coverage. There were additional constraints at this site based on the existing rooftop equipment. Mr. Biled continued that the sign was not engineered to support the added weight of the antennas. The Zoning Administrator opened the public hearing. One member of the public, Mr. Jim Mosher, spoke and stated that he appreciated the Zoning Administrator’s earlier question regarding the process as he believes the NBMC requires a Conditional Use Permit reviewed by the Planning Commission. Mr. Mosher pointed out that the facility is not a stealth facility and is a screened facility and the design could be improved. The Zoning Administrator closed the public hearing. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 11/23/2022 Page 4 of 4 The Zoning Administrator revisited the process question and stated that because the proposed telecom exceeds the maximum allowable height for the zoning district and the facility does not meet the modification parameters of the NBMC as it adds two new FRP-screened antenna enclosures, it should be referred to the Planning Commission as required by code. He encouraged the Applicant to submit further documentation regarding the project's eligibility under 6409(a) if the Applicant believes the project should be approved administratively. Action: Referred to Planning Commission V. PUBLIC COMMENTS ON NON-AGENDA ITEMS None. VI. ADJOURNMENT The hearing was adjourned at 10:54 a.m. The agenda for the Zoning Administrator Hearing was posted on October 20, 2022, at 9:00 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 October 20, 2022, at 8:40 a.m.