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HomeMy WebLinkAbout08/29/2013 - Zoning AdministratorNEWPORT BEACH ZONING ADMINISTRATOR MINUTES 08129/2013 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 Civic Center Drive, Newport Beach Corona del Mar Conference Room (Bay E -1st Floor) Thursday, August 29, 2013 REGULAR HEARING 3:30 p.m. A. CALL TO ORDER — The meeting was called to order at 3:30 p.m. Staff Present: Patrick Alford, Zoning Administrator Rosalinh Ling, Associate Planner Deborah Drasler, Contract Planner Fern Nueno, Associate Planner Jason Van Patten, Planning Technician Melinda Whelan, Assistant Planner B. MINUTES of August 15, 2013 Action: Continued to September 12, 2013 C. PUBLIC HEARING ITEMS ITEM NO. 1 The Koll Company Lot Line Adjustment No. LA2013 -007 (PA2013 -141) 4400 Von Karman Council District 3 Rosalinh Ung, Associate Planner, stated that the applicant, The Koll Company, requested this application be continued to the October 10, 2013 Zoning Administrator meeting. Seeing that no one from the public wished to comment on the request, the Zoning Administrator moved to continue the Lot Line Adjustment application to October 10, 2013 Action: Continued to October 10, 2013 ITEM NO.2 3403 Seashore Drive Parcel Map No. NP2013 -016 (PA2013 -146) 3403 Seashore Drive Council District 1 Deborah Drasler, Contract Planner, provided a brief description of the project and stated that the parcel map request is consistent with the General Plan and Zoning designation and that a parcel map for condominiums will not change the use. Furthermore, it was stated that plans to construct a duplex for condominium purposes is currently in plan check. Applicant David York, Architect on behalf of the Owner, stated that he intends to develop the property as a condominium and that he had reviewed the draft resolution and the required conditions. The Zoning Administrator opened the public hearing. One member of the public, Mr. Jim Mosher, spoke and commented about staff's title of "contract planner' as well as a standard condition being eliminated from the Conditions of Approval. Staff answered his questions and addressed his concern. There were no other public comments. The Zoning Administrator noted a few corrections to be made in the resolution and then took action to approve Parcel Map No. NP2013 -016. Action: Approved Page 1 of 5 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 08129/2013 ITEM NO. 3 Annual Review of Fletcher Jones Motorcars Development Agreement (PA2009 -052) 3300 Jamboree Road Council District 3 Fern Nueno, Associate Planner, provided a brief project description stating that the Fletcher Jones Development Agreement ( "DA ") was approved in 1995, the obligations under the DA, and the Municipal Code requirement to periodically review development agreements to determine if the applicant has complied with the terms of the agreement. Ms. Nueno stated that during the 2009 review, the City Council found that all of the conditions of the DA had been met and in the previous two reviews, the City Council found Fletcher Jones Motorcars to be in good faith compliance with the DA. Ms. Nueno stated the staff recommendation and introduced the applicant, Carol McDermott, representing Fletcher Jones Motorcars. Zoning Administrator Afford opened the public hearing. Carol McDermott stated that the applicant and the City have had a good partnership over the years and that Fletcher Jones has done its best to meet all requirements and has worked with their neighbors to resolve any issues. One member of the public, Jim Mosher, spoke regarding the timing of the reviews required within the DA and state law. Mr. Mosher had two questions regarding complaints and annual fees for the encroachment permit for the use of Bayview Way. Ms. Nueno stated that no official complaints were received since the last review. The applicant stated that they are informed when any issues arise and work to resolve them. Ms. Nueno stated that an encroachment permit was approved and paid for initially and there is no annual fee associated with the permit. The applicant paid for the extension of the street and other associated costs. Zoning Administrator Alford asked if the street agreement was part of the DA or a standalone encroachment permit. The applicant stated that the items were separate. Mr. Alford expressed that the encroachment permit is not subject to the issue at hand and encouraged Mr. Mosher to discuss this with staff in a separate forum. Ms. Nueno clarified that the encroachment agreement is not part of the DA, but the extension of Bayview Way was addressed within the DA and the applicant is in compliance. There were no other public comments and the public hearing was closed The Zoning Administrator took the recommended action. Action: The Zoning Administrator found the review categorically exempt from CEQA pursuant to Class 21, found that the applicant has demonstrated good faith compliance with the terms of the Development Agreement, and received and filed the Annual Report. ITEM NO.4 Annual Review of Development Agreement for Newport Harbor Lutheran Church (PA2009 -137) 798 Dover Drive Council District 3 Fern Nueno, Associate Planner, provided a brief project description stating that the Newport Harbor Lutheran Church Development Agreement ( "DA ") was approved in 1997, all terms and conditions of the Development Agreement have been implemented or met with the exception of the church expansion, the church is approximately 14,000 square feet and the remaining entitlement is approximately 26,000 square feet. Ms. Nueno further stated that at the last review in 2012, the City Council found the applicant to be in good faith compliance with the DA and since the last DA review, construction of three temporary classrooms totaling 2,880 square feet has been completed. The church is deciding whether they want to use the remaining entitlement to develop permanent facilities. Page 2 of 5 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 08129/2013 In response to a question from Zoning Administrator Alford, Ms. Nueno stated that the building permit for the temporary structures were finaled so any remaining issues have been resolved. Zoning Administrator Alford opened the public hearing. One member of the public, Jim Mosher, provided comments regarding signage and temporary banners, plant growth over the bench, the new tower constructed to house telecommunication equipment, and questioned where and how the remaining entitlement could be built. Mr. Alford asked for clarification on how Mr. Mosher's questions related to the terms of the DA and whether this would change staffs conclusion and recommended action. Mr. Mosher restated his question regarding the development of the site. Ms. Nueno stated that the DA established the development limit, but the development standards are addressed in a separate review document and process. Mr. Alford stated and Ms. Nueno confirmed that the remaining questions are not directly related to the DA review and could be addressed with staff in a separate forum. In response to a question from Zoning Administrator Alford, Ms. Nueno confirmed that the items brought up in public comments do not change staff's recommended action. There were no other public comments and the public hearing was closed. The Zoning Administrator took the recommended action. Action: The Zoning Administrator found the review categorically exempt from CEQA pursuant to Class 21, found that the applicant has demonstrated good faith compliance with the terms of the Development Agreement, and received and filed the Annual Report. ITEM NO. 5 Koll Center Ground Signs Modification Permit No. MD2013 -004 (PA2013 -047) 4000, 4040, 4100, 4110, 4400, 4500, 4590 MacArthur Boulevard; 4200, 4220, 4320, 4340, 4343, 4350, 4440, 4490 Von Karman Avenue; 4900, 4910, 5000 Birch Street Council District 3 Jason Van Patten, Planning Technician, provided a brief project description stating that the project amended previously approved Modification Permit No. MD2006 -026, which permitted an increase in sign height associated with 11 ground signs in the Koll Center Planned Community. He stated that the applicant was requesting to further increase the height of three previously approved signs, and construct two new signs along the MacArthur Boulevard street frontage. Mr. Van Patten indicated sign heights were proposed at 8 feet and clarified that the staff report incorrectly listed a sign height of 8 feet 9 inches. He stated that an increase in sign height was necessary given pedestrian, bicycle, and utility easements along the MacArthur Boulevard, Jamboree Road, and Birch Street frontages that required signs to be set back further from the right -of -way. He added that an increase in sign height would provide enhanced visibility to traffic which typically travels at high rates of speed along the street frontages. Applicant Adam Burrows of JB3D, on behalf of the property owner, stated that he had reviewed the draft resolution and the required conditions. The Zoning Administrator opened the public hearing. One member of the public, Jim Mosher, spoke and had two comments. He stated that he did not think there was an unusual hardship or circumstance that necessitated the modification permit. He also stated that he was not clear whether the modification permit was related to the number of signs, or just the size of signs. There were no other public comments Page 3 of 5 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 08129/2013 Zoning Administrator Alford responded stating that the Planned Community regulations applicable to the properties affected is an older document, and standards do change over time. He added that it can be difficult to amend the regulations through an ordinance and that the Zoning Code offers mechanisms for applicants to seek relief. Zoning Administrator Alford also inquired as to whether the project was related to the number of signs. Mr. Van Patten stated that the project concerned sign height and not the number of signs. The Zoning Administrator noted additional clarifying language to be included in the final resolution and then took action approving Modification Permit No. MD2013 -004. Action: Approved ITEM NO. 6 4675 MacArthur Court Sign Modification Permit No. MD2013 -011 (PA2013 -150) 4675 MacArthur Court Council District 3 Melinda Whelan, Assistant Planner, provided a brief project description stating that the request is to allow two wall signs to exceed the maximum 200 square feet allowed by the Koll Center Planned Community. Whelan explained that the signs will be approximately 314 square feet including text and a logo. Whelan further explained that due to the location and scale of the area and the surrounding high -rise buildings the size of the signage appears to be necessary in order to adequately provide direction to drivers on the primary arterial, 1- 405 freeway and other streets in the area. Whelan noted that the total size of the sign only comprises about 1 percent of the overall building fagade, which is small and the size is consistent with other size signage in the vicinity. Whelan concluded that staff was able to make all required findings and recommended approval of Modification Permit No. MD2013 -011. Applicant Milton of AD /S Companies, on behalf of the MCS Software, stated that he had reviewed the draft resolution and the required conditions. The Zoning Administrator opened the public hearing. One member of the public, Jim Mosher, spoke and stated that staff should clarify the legal description in the Draft Resolution as there appeared to be a mistake. Further, Mosher was confused as to whether this was a major tenant or a tenant requesting advertising on the building, whether this was consistent with other development in the area, and suggested that the Planned Community text may need to be amended to accommodate the developed area of high -rise buildings that may now require larger signage. Whelan explained the signage on the adjacent building received a Modification Permit to allow two larger wall signs. She added that the subject building received approval of a Modification Permit for signs exceeding 200 square feet but smaller than the 314 square feet proposed and have since been removed. Applicant Milton explained how the owner of the building, The Irvine Company, is extremely involved in choosing who is allowed to occupy the building as the primary tenant and how to utilize signage on the exterior building which in this case is MCS Software. The Zoning Administrator closed the public hearing and reiterated the following: Fact No. 2 in support of Finding D. in the Draft Resolution will be moved to Finding A., staff will verify legal description, and will correct the Code citation typographical error. The Zoning Administrator then moved to approve the revised Draft Resolution approving Modification No. MD2013 -011. Action: Approved D. PUBLIC COMMENTS ON NON - AGENDA ITEMS None. Page 4 of 5 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 08/29/2013 ADJOURNMENT The hearing was adjourned at 4:19 p.m. The agenda for the Zoning Administrator Hearing was posted on August 23, 2013, at 2:25 p.m. in the Chambers binder and 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 23, 2013, at 2:15 p.m. Patrick J. Alford Zoning Administrator Page 5 of 5