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HomeMy WebLinkAbout12/10/2015 - Zoning Administrator NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 12/10/2015 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 Civic Center Drive, Newport Beach Corona del Mar Conference Room (Bay E-1st Floor) Thursday, December 10, 2015 REGULAR HEARING 3:30 p.m. A. CALL TO ORDER—The meeting was called to order at 3:30 p.m. Staff Present: Patrick J. Alford, Zoning Administrator Melinda Whelan, Assistant Planner B. MINUTES of November 12, 2015 Action: Approved C. PUBLIC HEARING ITEMS ITEM NO. 1 20441 Bay View Avenue Modification Permit (PA2015-187) Site Location: 20441 Bay View Avenue Council District 3 Melinda Whelan,Assistant Planner, provided a brief project description stating that the request was to allow a 17 percent addition to a nonconforming residence where the Code limits additions to 10 percent when there is nonconforming parking. She explained that the existing single-family, single-story dwelling was built under County jurisdiction and due to Zoning Code updates, the dwelling has become nonconforming due to the width of the garage that is shy the requirement by 7 inches. Ms.Whelan explained that the Code provides the Modification Permit process to add more than 10 percent for this nonconforming situation. The addition would provide an Americans with Disabilities Act (ADA) compliant laundry room and moving the garage wall would significantly increase the cost and size of the project unnecessarily. The project will comply with surrounding neighborhood and the single-story addition is well within the design and size of the neighborhood that consists of many larger two-story dwellings. Staff was able to make all of the required findings and recommends approval of the Modification Permit to the Zoning Administrator. Applicant and Owner, Steve Wulfestieg, stated that he had reviewed the draft resolution and agrees with all of the required conditions. He explained the reason for the request was to accommodate an ADA compliant laundry room for his handicapped wife. He submitted a letter from the neighbor in support of the project. The Zoning Administrator opened the public hearing. One member of the public, Elizabeth Darling, stated that she was a neighbor and supports the addition explaining that it made sense for the neighborhood. There were no other public comments. The Zoning Administrator approved the item. Action: Approved ITEM NO. 2 1207 and 1215 Dolphin Terrace Lot Line Adjustment (PA2015-193) Site Location: 1207 and 1215 Dolphin Terrace Council District 5 Page 1 of 3 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 12/10/2015 Melinda Whelan, Assistant Planner, provided a brief project description stating that the request to adjust interior lot line between contiguous parcels and land would be taken from 1215 Dolphin Terrace and allocated to 1207 Dolphin Terrace. The adjustment will not change the use of the parcels. The pattern of development will remain consistent with the neighborhood and consistent with the range of widths and sizes of lots in the neighborhood. The lots will remain consistent with all Codes and will maintain their existing vehicular access from Dolphin Terrace. Amy Kreiger of Brion Jeannette Architecture, on behalf of the Owner, stated that she had reviewed the draft resolution and agrees with all of the required conditions. The Zoning Administrator opened the public hearing. Jim Mosher, a member of the public, asked for verification on Coastal Commission submittals and asked what the cutout parcel was along Bayside Drive. Ms. Whelan informed Mr. Mosher that the cutout parcel was an Edison utility parcel. She further explained that current practice for these types of projects that are within the Categorical Exclusion Zone and that do not result in additional parcels or increased development are to implement standard Coastal Commission requirements for the Categorical Exclusion Zone during the time of development of each of the parcels. These parcels would be eligible for Categorical Exclusion if they remain under the 1.5 floor area ratio. Zoning Administrator Alford further clarified that demolition or redevelopment of either parcel may require Coastal Commission approval and would go through the Approval in Concept application process at such time. Seeing that no one further from the public wished to comment on this item, the Zoning Administrator closed the public hearing. The Zoning Administrator approved the item. Action: Approved D. PUBLIC COMMENTS ON NON-AGENDA ITEMS Jim Mosher commented on the frequency of Zoning Administrator applications for condo conversions in the Coastal Zone and inquired whether that in itself constitutes a development. He further noted that the Coastal Commission is meeting today and the Deputy Director of Orange County has one item in the Director's report to which a request for a conversion of a duplex to a condo is being presented for another city other than Newport Beach. If the Director's report is approved, the Coastal Development Permit will be waived. Mr. Mosher then noted that on projects qualifying for an exemption, the Planning Division rarely files a Notice of Exemption with the State Clearinghouse. He inquired whether the absence of this filing has any significant effect on the resolution and if the CEQA determination in the resolution is set aside if the Planning Commission overturns the Zoning Administrator's decision. Zoning Administrator Alford commented that the issue of whether condo conversions constitute development has been raised and addressed in the past. He then informed Mr. Mosher that the filing of the Notice of Exemption is optional and that it shortens the timeframe that someone can bring litigation on an item. He clarified that the majority of the items heard by the Zoning Administrator are non-controversial and therefore the City and/or the applicant opts not to file the Notice of Exemption. He further explained that when the Zoning Administrator's decision is appealed to the Planning Commission, the entire project determination is placed in abeyance, including the CEQA determination, until the appellant body has reviewed and heard this item. At the time the item is heard by the appellant body, a new CEQA determination would be made. If a Notice of Exemption was filed on the item being appealed the appellant body would make a new environmental finding and then re-file the request. Page 2 of 3 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 12/10/2015 E. ADJOURNMENT The hearing was adjourned at 3:48 p.m. The agenda for the Zoning Administrator Hearing was posted on December 4, 2015, at 10:00 a.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 December 4, 2015, at 10:30 a.m. atrick J. Alford Zoning Administrator Page 3 of 3