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HomeMy WebLinkAbout01_08-10-2023_ZA_Minutes - DRAFT Page 1 of 6 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM THURSDAY, AUGUST 10, 2023 REGULAR MEETING – 10:00 A.M. I. CALL TO ORDER – The meeting was called to order at 10:00 a.m. Staff Present (Remote): Benjamin M. Zdeba, AICP, Zoning Administrator David Lee, Senior Planner Liz Westmoreland, Senior Planner Oscar Orozco, Assistant Planner Liane Schuller, Planning Consultant II. REQUEST FOR CONTINUANCES None. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF JULY 27, 2023 Action: Approved IV. PUBLIC HEARING ITEMS ITEM NO. 2 Byk Residential Condominiums Tentative Parcel Map and Coastal Development Permit (PA2023-0093) Site Location: 205 28th Street Units A & B Council District 1 Liane Schuller, Planning Consultant, provided a brief project description stating that the applicant has obtained building permits to demolish an existing residential duplex, is constructing a new duplex on this property and is requesting approval of a tentative parcel map for condominium purposes. A coastal development permit is required in conjunction with the tentative parcel map. For the record, residential occupants were noticed regarding the application as opposed to occupants in general. Three edits were proposed to the draft resolution: (1) on handwritten page 10, Fact 4 in support of Finding L has been revised to reflect project distance from the beach, (2) the same revision has been made to Fact 3 in support of Finding M on handwritten page 11, and on page 13, Condition of Approval No. 6 has been revised to require compliance prior to building permit final. Applicant Will Rolph of Civilscapes Engineering, on behalf of the owner, stated that he had reviewed the draft resolution and agrees with all the required conditions, including the proposed revisions. Zoning Administrator Zdeba opened the public hearing. One member of the public, Jim Mosher, spoke and stated that the Planning Application number should be referenced in the Resolution. Zoning Administrator Zdeba closed the public hearing and requested Ms. Schuller add the Planning Application number as suggested, to both this project and to the upcoming (Item No. 2). Action: Approved as amended MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 08/10/2023 Page 2 of 6 ITEM NO. 3 Bire II LLC Residential Condominiums Tentative Parcel Map and Coastal Development Permit (PA2023-0095) Site Location: 310 Heliotrope Avenue Council District 6 Liane Schuller, Planning Consultant, provided a brief project description stating that the applicant has obtained building permits to demolish an existing single-unit residence, is constructing a new duplex on this property, and is requesting approval of a tentative parcel map for condominium purposes. A coastal development permit is required in conjunction with the tentative parcel map. For the record, residential occupants were noticed regarding the application as opposed to occupants in general. In addition to adding the planning application number, four edits were proposed to the draft resolution: (1) on handwritten page 7, Fact 3 in support of Finding B has been revised to reflect the site previously contained a single unit residence, (2) on handwritten page 11, Fact 3 in support of Finding M has been amended to include the distance from the project to the beach, (3) Condition of Approval No. 6 on handwritten page 13 has been revised to reflect that a building permit has been issued for a duplex, and (4) on page 14, Condition of Approval No. 8 has been revised to require compliance prior to building permit final. Applicant Will Rolph of Civilscapes Engineering, on behalf of the owner, stated that he had reviewed the draft resolution and agrees with all the required conditions, including the proposed revisions. Zoning Administrator Zdeba 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 Santiago Oxford Grantor Trust Residence Coastal Development Permit (PA2022-060) Site Location: 2124 Santiago Drive Council District 3 Liz Westmoreland, Senior Planner, provided a brief project description stating that the application is a Coastal Development Permit to allow an addition of approximately 1,000 square feet. This project was previously scheduled for a Zoning Administrator hearing but was removed from calendar due to an issue with the ownership documentation. That issue has since been resolved. Ms. Westmoreland stated that the staff report included an analysis of water quality, views from public areas, access, and other topics. Ms. Westmoreland requested to modify Condition of Approval No. 23, to add a timing mechanism prior to final building permit inspection. Applicant Doug Welsh, stated that he had reviewed the draft resolution and agrees with all the required conditions, including the modified condition of approval. Zoning Administrator Zdeba 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 Fletcher Residence Coastal Development Permit (PA2023-0044) Site Location: 439 Harbor Island Drive Council District 1 Liz Westmoreland, Senior Planner, provided a brief project description stating that this project involves demolition of an existing single unit dwelling and construction of a new single-unit dwelling. The project also includes raising the existing bulkhead to an elevation of 10.9 for future sea level rise. Ms. Westmoreland stated that the project is bisected by the coastal permit jurisdiction, however this coastal development permit only includes features within the Ctiy’s permit jurisdiction. Ms. Westmoreland also discussed coastal views related to Bayside Drive and the nearest Coastal View Point. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 08/10/2023 Page 3 of 6 Applicant Nicole Thompson, on behalf of the owner, stated that she had reviewed the draft resolution and agrees with all the required conditions. Zoning Administrator Zdeba opened the public hearing. One member of the public, Jim Mosher spoke and asked for clarification regarding the reference in the staff report to lateral access along Beach Bay. Zoning Administrator Zdeba closed the public hearing. Ms. Westmoreland clarified that the report was referencing lateral access along the sandy beach that is parallel to, but not directly abutting Beacon Bay. Action: Approved ITEM NO. 6 Pilates Plus OC Minor Use Permit (PA2023-0003) Site Location: 1220 Bison Ave, Suites A5 and A6 Council District 3 Oscar Orozco, Assistant Planner, provided a brief project description stating that this application is for a Minor Use Permit for a large health and fitness center, Pilates Plus OC. It is currently located at 1220 Bison Avenue in suite A3 and is requesting to relocate to suites A5 and A6 within the same Newport North Shopping Center. The site is located within the PC5 North Ford Planned Community under General Commercial General Plan Land Use designation, and a large health and fitness establishment requires a Minor Use Permit. The requested hours of operation are from 6 a.m. to 12 p.m. and 4 p.m. to 7 p.m., Monday through Friday and 7 a.m. to 11 a.m., Saturday and Sunday. However, staff recommends limiting the hours from 6 a.m. to 7 p.m. Monday through Friday and 7:00 a.m. to 11:00 a.m., Saturday and Sunday to allow for greater operational flexibility. Parking would be calculated at a rate of one (1) parking space per 200 square feet of retail space, denoting the need for 12 parking spaces for this retail service, and a combination of 257 for the combined uses within this shopping center, with 270 total available this use would still allow for a surplus of 13 parking spaces. The project has been determined to be categorically exempt under the requirements of CEQA pursuant to Section 15301 under Class 1 (Existing Facilities). Mr. Orozco added, one minor clean up item. On handwritten page 9 under section 4, include the CEQA exemption of Class 1 under the California code of regulations title 14, division 6, chapter 3. Zoning Administrator Zdeba recommended omitting verbiage from Condition of Approval No. 7 that states, “A maximum of thirteen Pilates exercise machines shall be permitted on the premises” to not limit any future health and fitness facilities to pilates machines only. Applicant Rand Kruse stated that he had reviewed the draft resolution and agreed to the updated conditions of approval. Zoning Administrator Zdeba opened the public hearing. One member of the public, Jim Mosher, spoke and stated that the CEQA component of section 4 of the resolution is missing. In addition, Mr. Mosher asked for clarification on how the limit of 24 months for the entitlement is treated when the applicants do not act on the extended hours within the time limit that is conditioned. Zoning Administrator Zdeba closed the public hearing. Zoning Administrator Zdeba addressed Mr. Mosher by confirming that Mr. Orozco included the missing CEQA Class in his presentation and would be added to the final resolution. In addition, the condition is for the tenant improvement of the suites and once they pull permits, complete the work, and begin operating, the use permit becomes effective, and the condition of approval is met. The range of hours is for flexibility, and if they choose to operate within those hours and not up to the limit, it won’t affect the trigger for the condition of approval. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 08/10/2023 Page 4 of 6 Action: Approved as amended ITEM NO. 7 Dawson Residence Coastal Development Permit, Modification Permit, and Staff Approval (PA2022-0315) Site Location: 2741 Ocean Boulevard Council District 6 David Lee, Senior Planner, provided a project description stating that the application is for a Coastal Development Permit, Modification Permit, and Staff Approval. The request is for a residential remodel and addition of 2,511 square feet to an existing 5,781-square-foot single-unit residence, for a total of 8,292 square foot gross floor area. Mr. Lee described the existing conditions of the residence. The proposed addition and remodel would provide interior access between floors, and includes a new entry way, various rooms, and an outdoor swimming pool above the garage. Furthermore, he addressed the approved variances from 1961 and 1986 (VA1137). Mr. Lee discussed the facts in support of findings for the Coastal Development Permit. The subject property is located within a row of uniquely oriented single residences between Ocean Blvd and Way Lane, with a steep slope that descends toward Way Lane. This project is consistent with surrounding development since neighboring residences have developed into the bluff with the purposes of establishing access from Ocean Boulevard. Mr. Lee stated that the development is considered existing non-conforming with the aspects authorized from previous variances. However, the proposed area of addition has a building height of 20 feet and complies with applicable development standards. Mr. Lee stated that the project is located on a bluff, however, the site is not part of the Bluff Overlay as indicated by the Local Coastal Program Implementation Plan. The project includes 1,400 cubic yards of cut and exporting to accommodate this remodel and addition and has been reviewed pursuant to Coastal Land Use Plan Policy 4.4.1-3. Alterations to the bluff is not visible from Way Lane, as the bluff is behind existing residences, and visibility will not be reduced from Ocean Boulevard as the project will remain under curb height from the Ocean Boulevard surface grade. The bluff portion to the southeast and southwest will remain preserved. Mr. Lee stated that a preliminary geotechnical study has been provided which includes a constructability plan to minimize potential impacts to the bluff. Mr. Lee discussed how the coastal access is not impeded even though location is between First Road and the sea, due to coastal access points adjacent to the property, such as a path and stairway at Lookout Point to the south of the property. The project includes a reduction in massing from existing to enhance public views of the ocean by offering removal of three (3) existing chimneys and additional massing to be removed which will improve views from Ocean Boulevard viewpoint above. Additionally, a reduction in massing from the existing 55-foot guardrails are to be replaced by a 33-foot wide guardrail, which improves coastal views for both motorists and pedestrians on Ocean Boulevard. Mr. Lee stated that a condition of approval has been included to maintain all landscaping including trees, to be below highest point of residence. The subject property does not affect coastal views or access from Lookout Point or public beach access as the property is not between the park and the beach. Mr. Lee provided facts in support of findings for the requested Modification Permit. He discussed the necessity of the taller retaining walls and guard rails due to the steep slope. The retaining walls, which support the entryway stair system, are relatively small compared to the setback area and overall lot width. The guardrail system will serve as fall protection for pedestrians traveling along the edge of Ocean Boulevard as well as those residents and guests entering the property. The guardrail will have a maximum height of three (3) feet above curb elevation along Ocean Boulevard. Staff proposed a condition that the railing consists of a wrought iron with a minimum of 40 percent open design to maintain views of ocean and bay. Mr. Lee discussed the Staff Approval for the substantial conformance to Variance No. VA1137, which authorized a building height of 54 feet from existing grade and floor area which exceeded the previous floor area limit. The proposed addition does not exceed the existing height and complies with height requirements. The proposed floor area, including the addition, does not exceed the floor area limit. Landscaping including trees and shrubs was originally was permitted to reach heights matching the top of the railings along Ocean Boulevard, and the project is conditioned so that all vegetation growth does not exceed the height of the residence to improve sightlines and coastal views. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 08/10/2023 Page 5 of 6 Mr. Lee addressed written correspondence from Jim Mosher. Mr. Lee stated that the Zoning Administrator is the appropriate review body. The record is unclear regarding possible previous coastal development permits. However, Mr. Lee stated that Coastal Commission staff had reviewed the staff report and corresponded that all concerns regarding the project scope and public views were addressed in the staff report. The Local Coastal Program includes maps that indicate the property as proposed, which includes the land which was previously abandoned as a public right-of-way by the City. Finally, staff considers the project to be consistent with the predominant line of existing development. The applicant proposes to maintain a large portion of the existing bluff. Although the project is not in the bluff overlay, staff has still analyzed the project to be applicable to the Coastal Land Use Plan policies for protection of natural landforms. Applicant Sara Pijuan and Timothy Reynolds of KAA Design group, on behalf of the Owner, stated that they have reviewed the draft resolution and agree with all the required conditions. Zoning Administrator Zdeba opened the public hearing. A member of the public, Jim Mosher, spoke and stated that he has concerns regarding the City Council action in 1999 and questioned who maintains the landscaping in the abandoned right-of-way area. Mr. Mosher also questioned if the homeowner paid for the increase of their lot size or if it was gifted by the City. He also questioned if the proper analysis was completed since the project is located on a bluff. Mr. Mosher requested to review the correspondence from Coastal Commission staff. Mr. Mosher questioned if the project could be accomplished with less alteration to the bluff. In addition, he stated that Ocean Boulevard is a public view road and that it applies to both motorists and pedestrians. Mr. Mosher stated his concern about the proposed pilasters and how they appear to be out of scale. Another member of the public, Catherine Calendar, spoke and stated her concerns regarding the upkeep of the charm of China Cove. She stated her concerns about the access issues for delivery trucks on Way Lane, and if the building mass is increasing on Way Lane. Mr. Lee responded and stated that staff has provided appropriate analysis of the project and does not have concerns regarding the property lines of the subject property. The project is not in the Bluff Overlay of the Implementation Plan, which implements certain Coastal Land Use Plan policies regarding bluff properties. Staff believes that there are thorough renderings and analysis for the public views for both motorists and pedestrians. Staff believes that the reduction of the number of pilasters is improving the public views. Mr. Lee clarified that there is no added massing to the Way Lane side of the project, and that the addition is occurring on the Ocean Boulevard side. Zoning Administrator Zdeba confirmed with the applicant that there is no projection past the existing structure on Way Lane. Zoning Administrator Zdeba confirmed with Mr. Lee that City departments have reviewed the project and have no concerns on access on Way Lane. Zoning Administrator Zdeba added a standard condition of approval regarding a construction management plan prior to approval to building permit issuance that would be reviewed by Planning and Public Works. The applicant agreed to the proposed condition. Zoning Administrator Zdeba closed the public hearing. Action: Approved as amended V. PUBLIC COMMENTS ON NON-AGENDA ITEMS None. VI. ADJOURNMENT The hearing was adjourned at 11:06 a.m. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 08/10/2023 Page 6 of 6 The agenda for the Zoning Administrator Hearing was posted on August 3, 2023, at 4:20 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 3, 2023, at 4:11 p.m. Benjamin M. Zdeba, AICP Zoning Administrator August 24, 2023, ZA Agenda Item 1 Comments These comments on a Newport Beach Zoning Administrator agenda item are submitted by: Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229) Item 1. Draft Minutes of August 10, 2023 The passages shown in italics below are from the draft minutes with suggested corrections shown in strikeout underline format. Page 2 of 6, last paragraph, sentence 2: “The project also includes raising the existing bulkhead to an elevation of 10.9 ft NAVD88 for future sea level rise.” Page 3 of 6, paragraph 3: “One member of the public, Jim Mosher spoke and asked for clarification regarding the reference in the staff report to lateral access along Beach Beacon Bay.” Page 4 of 6, paragraph 2, sentence 8: “Alterations to the bluff is are not visible from Way Lane, as the bluff is behind existing residences, and visibility will not be reduced from Ocean Boulevard as the project will remain under curb height from the Ocean Boulevard surface grade.” Page 4 of 6, paragraph 2, sentence 11: “Mr. Lee discussed how the coastal access is not impeded even though the location is between the First Road and the sea, due to coastal access points adjacent to the property, such as a path and stairway at Lookout Point to the south of the property.” Page 4 of 6, last paragraph, last sentence: “Landscaping including trees and shrubs was originally was permitted to reach heights matching the top of the railings along Ocean Boulevard, and the project is conditioned so that all vegetation growth does not exceed the height of the residence to improve sightlines and coastal views.” Zoning Administrator - August 24, 2023 Item No. 1a Additional Materials Received Draft Minutes of August 10, 2023