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HomeMy WebLinkAbout11/27/2013 - Zoning AdministratorNEWPORT BEACH ZONING ADMINISTRATOR MINUTES 11/27/2013 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 Civic Center Drive, Newport Beach Corona del Mar Conference Room (Bay E -1 st Floor) Wednesday, November 27, 2013 REGULAR HEARING 3:30 p.m. A. CALL TO ORDER — The meeting was called to order at 3:30 p.m. Staff Present: Brenda Wisneski, Zoning Administrator Fern Nueno, Associate Planner Gregg Ramirez, Senior Planner Benjamin M. Zdeba, Assistant Planner B. MINUTES of November 14, 2013 Action: Approved C. PUBLIC HEARING ITEMS ITEM NO. 1 Mikelson Residence Tentative Parcel Map No. NP2013 -026 (PA2013 -194) 428 Marigold Avenue CD 6 Benjamin Zdeba, Assistant Planner, provided a brief project description stating that a single - family dwelling was demolished and is being replaced with a duplex constructed to two -unit condominium standards. It was noted that the recordation of the Parcel Map would allow the two units to be sold separately. He further added that the increase in density would require payment of park dedication and fair share fees. Applicant's representative, Bus Stiles, stated that he had reviewed the draft resolution and 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 expressed agreement with the findings that have been made and acted to approve Tentative Parcel Map No. NP2013 -026. Action: Approved ITEM NO. 2 1509 East Bay Avenue Tentative Parcel Map No. NP2013 -028 (PA2013 -208) 1509 East Bay Avenue CD 1 Benjamin Zdeba, Assistant Planner, provided a brief project description stating that the Tentative Parcel Map is for a two -lot subdivision. He described the property and noted that this subdivision would create two separate lots suitable for single - family development. He further added that the new lots would not comply with the minimum development standards for new subdivisions; however, he also noted that additional findings had been made to support the deviation in lot development standards. Zoning Administrator Wisneski requested clarification regarding the findings made for deviations from lot development standards. Mr. Zdeba explained the primary consideration with these findings is compatibility with the neighborhood and noted that a majority of the lots within the vicinity are 30 feet in width. The applicant's representative stated that he had reviewed the draft resolution and the required conditions. Page 1 of 4 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 11/27/2013 The Zoning Administrator opened the public hearing. One member of the public, Jim Mosher, expressed concern that the City could not make the required finding for compatibility with the California Coastal Act since it did not yet have a certified Coastal Land Use Plan. There were no other public comments. The Zoning Administrator expressed agreement with the findings that had been made and acted to approve Tentative Parcel Map No. NP2013 -028. Action: Approved ITEM NO. 3 Prun Residence Modification Permit No. MD2013 -015 (PA2013 -177) 3400 Ocean Boulevard CD 6 Gregg Ramirez, Senior Planner, provided a brief project description stating that the requested Modification Permit was to allow an as -built over - height guard rail in the side setback, an over - height guardrail for a proposed access ramp within the side setback and allowance of an as -built retaining wall to exceed the height limit in the front setback. He noted that the as -built stair and rail was partially located in the public right - of -way and that, if approved, an encroachment agreement approved by the City Council would be required. Additionally, he noted a condition of approval requiring an as -built wall located in front of the existing stair access to be lowered to 36 inches. Zoning Administrator Wisneski asked for clarification regarding the structures in the public right -of -way and the encroachment agreement process from Senior Civil Engineer David Keely. Mr. Keely confirmed that the condition of approvals in the draft resolution accurately reflected the Public Works Department requirements. Applicant John Prun indicated that the proposed ramp guardrail would not exceed 6 feet in height and that he had read the draft resolution and understood the required conditions. The Zoning Administrator opened the public hearing. One member of the public, Jim Mosher, inquired about how the as -built structures got built without obtaining approvals. Senior Planner Ramirez briefly described the general events leading up to the over - height construction that led to the Modification Permit application and indicated that regardless of whether they were as -built or not, staff believed the findings for approval could be made. There were no other public comments. Action: Approved ITEM NO.4 Rafail Residence Modification Permit No. MD2013 -021 (PA2013 -213) 1246 Somerset Lane CD 3 Fern Nueno, Associate Planner, provided a brief project description stating that the project is an existing one - story, single -unit residence with a detached two -car garage that is nonconforming because it does not meet the current interior dimension requirements. She continued that the applicant requests a Modification Permit to add more than 10 percent of the existing floor area to a residence with nonconforming parking. Ms. Nueno further described that the detached garage is located within a setback and an easement; and was built as a two -car garage. The project would be an addition to a second story, consistent with the size of homes in the area. Page 2 of 4 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 11/27/2013 Applicant Sam Rafail stated that he had reviewed the draft resolution and the required conditions, and that there was one clarification regarding a condition of approval. Ms. Nueno stated that after the staff report was published, the applicant and staff had discussed how the fire sprinkler requirement would affect the proposed construction. Ms. Nueno suggested re- wording Condition No. 12 to leave the requirement at the discretion of the Building Division to allow flexibility at plan check. The Zoning Administrator suggested the deletion of Condition No. 8, which was a duplication of Condition No. 2. The Zoning Administrator opened the public hearing. One member of the public, Jim Mosher, inquired about the garage location which was not shown in the site photographs. There were no other public comments and the public hearing was closed. The Zoning Administrator approved the application. Action: Approved ITEM NO. 5 Krisp Fresh Living Minor Use Permit No. UP2013 -022 (PA2013 -205) 1651 Westcliff Drive CD 3 Fern Nueno, Associate Planner, provided a brief project description stating that the application was for a Minor Use Permit for a take -out service, limited eating and drinking establishment with a maximum of six seats. She continued that the tenant suite was vacant and was previously a retail sales use. The applicant requests the Minor Use Permit for a juice bar. Ms. Nueno discussed the project setting, noting the commercial uses and shared surface parking along Westcliff Drive. Ms. Nueno further noted that the parking requirement is the same as for the previous retail sales use; which is one space for every 250 - square -feet of gross floor area. She continued that no late hours or alcohol sales are proposed as part of the application. Ms. Nueno stated that staff recommends approval based on the facts in support of the required findings within the draft Resolution. The applicant and representatives were in attendance. The landlord stated that they are excited to have the applicant open at this location. Ms. Wisneski noted that the allowed hours of operation have been extended past what was applied for to allow greater flexibility in the future. The Zoning Administrator opened the public hearing. One member of the public, Jim Mosher, noted a typographical error in the Resolution and inquired about the trash enclosure. The applicant clarified the location of the trash enclosure and compliance with the conditions of approval. There were no other public comments and the public hearing was closed. The Zoning Administrator approved the application. Action: Approved Page 3 of 4 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 11/27/2013 D. PUBLIC COMMENTS ON NON - AGENDA ITEMS None. E. ADJOURNMENT The hearing was adjourned at 3:51 p.m. The agenda for the Zoning Administrator Hearing was posted on November 22, 2013, at 3:40 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 November 22, 2013, at 3:50 p.m. Wisneski, AIPP, Zoning Administrator Page 4 of 4