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HomeMy WebLinkAbout08-11-2016_ZA_Minutes NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 08/11/2016 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 Civic Center Drive, Newport Beach Corona del Mar Conference Room (Bay E-1 st Floor) Thursday, August 11, 2016 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 Chelsea Crager, Assistant Planner David Lee, Planning Technician B. REQUEST FOR CONTINUANCES None C. MINUTES of July 28, 2016 Action: Approved D. PUBLIC HEARING ITEMS A request to move Item No. 1, 2312 Laurel Place Modification Permit, to the end of the meeting was made as the applicant had not yet arrived. The Zoning Administrator agreed to hear Item No. 1 at the end of the meeting. ITEM NO. 2 Cypress Lot Merger No. LM2016-003 (PA2016-079) Site Location: 20101 Cypress Street and 20111 Birch Street Council District 3 Chelsea Crager, Assistant Planner, provided a brief project description stating that the project was a lot merger and the request to waive the parcel map requirement for two contiguous lots in the Residential Equestrian area of the Santa Ana Heights Specific Plan Zoning District. She stated that the property addressed as 20111 Birch Street has no street frontage and the lot merger would remove the property line between the two lots and allow a new single family home and detached garage to be located on a single lot. The proposed lot area complies with the minimum lot area requirements of the Residential Equestrian area and the new development is required to comply with Residential Equestrian development standards. Staff recommends approval of the project subject to conditions. Applicant John Fruciano on behalf of the owner, Kelly Bangert, stated that he had reviewed the draft resolution and agrees with all of the required conditions. The Zoning Administrator opened the public hearing. One member of the public, Jim Mosher, spoke and asked why 20111 Birch Street was proposed to be combined with 20101 Cypress Street, creating an unusually shaped lot, instead of another lot on the same street, which would create a rectangular lot. Ms. Crager answered that the two subject lots are under the same ownership, and the alternative lot mentioned by Mr. Mosher is under separate ownership. There were no other public comments. Action: Approved Page 1 of 3 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 08/11/2016 ITEM NO. 3 CHALK of Newport Beach Minor Use Permit No. UP2016-017 (PA2016-072) Site Location: 2500 West Coast Highway Council District 3 Chelsea Crager, Assistant Planner, provided a brief project description stating that the proposed project is a request for a minor use permit to establish a daycare with up to 72 students and 10 staff in the Mixed-Use Mariners' Mile Zoning District. The applicant also submitted an acoustical report due to the proximity of the property to residential uses. The applicant proposes hours of 7:30 a.m. to 5:30 p.m., and staff recommends extending the permitted hours of operation to 6:30 p.m. to allow for flexibility and late pick-ups. The project includes 4 classrooms and a 6,600-square-foot outdoor play area, which will be utilized by up to 18 children at a time. The project also includes 14 parking spaces, which meets the Zoning Code required parking demand. The project also complies with Zoning Code requirements regarding lot size, setback from a residential zoning district, and minimum play area. The drop-off and pick-up activities will occur in the parking area, which has access from the alley behind the site by way of Tustin Avenue. Ms. Crager explained the project is conditioned so that traffic shall not back up or queue onto the alley and conditioned to comply with the recommendations of the acoustical report. Ms. Crager also noted that in the Project Summary section of the staff report the outdoor play area was incorrectly described as 450 square feet, however the correct area was identified elsewhere in the staff report, in the draft resolution, and in the public noticing. Staff recommends approval of the project, subject to conditions. The Zoning Administrator asked if the site plan, including the proposed wall/acoustical barrier, was reviewed as a part of the plan review process. Ms. Crager confirmed that it was. Applicant Bjorn Schrader of Abramson Teiger Architects, on behalf of the applicant, 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 E. PUBLIC COMMENTS ON NON-AGENDA ITEMS Mr. Jim Mosher commented that he was not at the last Zoning Administrator meeting on July 28, 2016, when the Development Agreement for North Newport Center was tabled. He inquired if there was an update on when this item will be placed on a future agenda. The Zoning Administrator noted that the item would most likely be on the agenda calendar in the next month. The Zoning Administrator called a brief recess at 3:40 p.m. in order to allow the applicant for Item No. 1 time to arrive. The meeting was reconvened at 3:45 p.m. ITEM NO. 1 2312 Laurel Place Modification Permit No. MD2016-008 (PA2016-086) Site Location: 2312 Laurel Place Council District 2 David Lee, Planning Technician, provided a brief project description stating that the project is a modification permit to allow a 111 percent addition to an existing single family residence with nonconforming parking, where the Zoning Code limits additions to 10 percent when the required parking dimensions are not met. The existing interior garage dimensions measure 19 feet-6 inches wide by 19 feet-5 inches deep, which were compliant with the code at the time of construction. The current code requires 20-feet wide by 20-feet deep. The garage is also legal, nonconforming due to setbacks. The garage conformed to the Orange County Zoning Code when it was constructed in 1948. However, after it was annexed from the County in 1956, it became legal nonconforming due to the encroachment of the rear setback. The applicant is proposing a two- story, 2,058 square foot addition. The addition will comply with all applicable development standards, including height, setbacks, and maximum floor area. The garage is a nonconforming accessory structure that Page 2 of 3 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 08/11/2016 cannot be altered unless it is completely demolished and relocated to comply with setbacks. The relocation of the garage will be costly to the owner, and will also significantly reduce the turning radius in the open space, making it difficult for vehicles to make a proper turnout towards the street. The existing garage provides two usable garage spaces and satisfies the intent of the Zoning Code by providing adequate parking on site. There is also a large driveway leading up to the garage that provides additional parking if necessary. Mr. Lee explained that the revisions to the resolution included clarification that the existing garage is legal, nonconforming due to setbacks, as well as revised language to make findings more clear. The applicant stated that he was in agreement. Applicant Corrie Kates of Foothill Project Management, Inc., on behalf of the owner, stated that he had reviewed the draft resolution and agrees with all of the required conditions. The Zoning Administrator opened the public hearing. One member of the public, Jim Mosher, spoke and asked staff if the proposed modification allowed enough space for the garage to be relocated to comply with current setback standards should it be reconstructed in the future. He also expressed his opinion that Mr. Stevens had made a reasonable request. Mr. Lee replied that the garage could not be relocated to comply with current setback standards without reducing the turning radius. The Zoning Administrator addressed Additional Materials Item No. 1a, an electronic correspondence from Jeff Stevens who is a neighbor of the owner. Mr. Stevens stated in his correspondence that there was concern about privacy since the new second story will be built to the maximum allowed height, along with new windows directly adjacent to his property. Mr. Stevens requested that two 24" box screening trees be planted along the existing easement. The Zoning Administrator stated that the request would not be granted, since the proposed addition complies with the Zoning Code and screening would not have been required if the addition were built without the proposed modification. Action: Approved F. ADJOURNMENT The hearing was adjourned at 3:57 p.m. The agenda for the Zoning Administrator Hearing was posted on August 4, 2016, at 9:25 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 August 4, 2016, at 9:15 a.m. atrick J. Alford Zoning Administrator Page 3 of 3