HomeMy WebLinkAbout00 - 08-11-2016_ZA_Draft_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-1st 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 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
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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 access from the alley behind the site by way of Tustin Avenue. Ms. Crager explained the project
is conditioned 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 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 had.
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
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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 garage was able to be relocated to
comply with current setback standards without reducing the turning radius. 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 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 not the subject of 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.
Patrick J.Alford,Zoning Administrator
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Zoning Administrator - August 25, 2016
Item III-1a Additional Material Received
Draft Minutes of August 11, 2016
August 25, 2016, Zoning Administrator Agenda Comments
Comments submitted by: Jim Mosher( immosheno)vahoo.com ), 2210 Private Road, Newport Beach
92660 (949-548-6229)
Item 111.1 Minutes of August 11, 2016
The following corrections to the draft minutes are suggested:
1. Page 1: Item 2, paragraph 1, line 1: "Chelsea Crager, Assistant Planner, provided a brief
project description stating that the project was a lot merger and the request to ..."
2. Page 2: Item 3, latter part of paragraph 1: "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."
3. Page 2: Item 3, paragraph 2: "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 had was."
4. Page 3: paragraph 4: "One member of the public, Jim Mosher, spoke and asked staff if the
proposed modification allowed enough space for the garage wasab/e to be relocated to
comply with current setback standards should it be reconstructed in the future withialI
reduGing the fuFning radius. He also expressed his opinion that Mr. Stevens had made
a reasonable request."
5. Page 3: paragraph 5, last two sentences: "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 net the subjest-ef screening would not have been required if the addition
were built without the proposed modification."