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HomeMy WebLinkAbout06-15-2017_ZA_Minutes NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 06/15/2017 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 Civic Center Drive, Newport Beach Corona del Mar Conference Room (Bay E-1st Floor) Thursday, June 15, 2017 REGULAR HEARING 3:30 p.m. A. CALL TO ORDER—The meeting was called to order at 3:31 p.m. Staff Present: Patrick J.Alford, Zoning Administrator Gregg Ramirez, Senior Planner Jaime Murillo, Senior Planner Makana Nova,Associate Planner Benjamin Zdeba,Associate Planner Chelsea Crager,Assistant Planner Liz Westmoreland,Assistant Planner Melinda Whelan, Assistant Planner David Lee, Planning Technician B. REQUEST FOR CONTINUANCES None. C. MINUTES of May 25, 2017 Action: Approved D. PUBLIC HEARING ITEMS ITEM NO. 1 Jack's Surfboards/Jack's Girls Outdoor Sales Limited Term Permit No. XP2017-003 (PA2017-079) Site Location: 2727 Newport Boulevard Council District 1 Melinda Whelan, Assistant Planner, provided a brief project description stating that the request was for a limited term permit for a period of 12 months to allow outdoor sales within three parking spaces of the on-site parking lot in front of the Jacks Surfboards/Jack's Girls location. The outdoor sales will take place on various dates requested by the applicant, up to nine times throughout the 12-month period, beginning with the date of the first sale requested in August 2017. Each sale would last up to four consecutive days. Ms. Whelan continued explaining that limited term permits approved by the Zoning Administrator allow for these types of sales within the Commercial Visitor-Serving (CV) Zoning District. Ms. Whelan explained that the City Traffic Engineer had reviewed and approved the proposed plan including barricades placed around the perimeter of the outdoor sales to delineate the sales area from parking areas and ensure safety. Ms. Whelan concluded that staff was able to make all of the required findings and recommends approval to the Zoning Administrator. Owner and applicant Jamal Abdelmuti 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. The Zoning Administrator added that the property is within the Coastal Zone; however, these limited term permits for temporary sales events are exempt from the requirement of a coastal development permit. Action: Approved Page 1 of 6 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 06/15/2017 ITEM NO.2 Scheurer Residence Coastal Development Permit No. CD2017-014(PA2017-032) Site Location: 355 Walnut Street Council District 5 Makana Nova, Associate Planner, provided a brief project description stating that the request is for a coastal development permit to allow the demolition of an existing single-family residence, and the construction of a new single-family residence with an attached two-car garage. Ms. Nova explained that this project was eligible for a coastal development permit de minimis waiver but had been forwarded to the Zoning Administrator after several public comments were received from neighbors concerned with the project. Ms. Nova stated that the property was located in the Single-Unit Residential Zoning District, does not impact coastal access, and conforms to all standards of the Zoning Code and Local Coastal Program. Applicant Mark Scheurer, on behalf of the owner, reviewed the conditions of approval in the draft resolution and stated that he 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 ITEM NO. 3 Engstrom Residence Coastal Development Permit No. CD2017-009 (PA2017-025) Site Location: 4106 River Avenue Council District 1 Chelsea Crager,Assistant Planner, provided a brief project description stating that the request is for a coastal development permit to allow the demolition of an existing residence and the construction of a new single- family residence. Ms. Crager stated that the property is located in a two-unit residential zone and conforms to all standards of the Zoning Code and Local Coastal Program. The project also includes raising the existing bulkhead. Ms. Crager stated that a revised condition had been included to require that the bulkhead height be raised to comply with Waterfront Project Guidelines and Standards unless otherwise approved by the Public Works Department. Applicant Bill Guider, 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, Paul Derrider, spoke and stated that he was in favor of the project and had a question about the open area near the side property line. The applicant stated it was there to comply with City open volume requirements. There were no other public comments. Action: Approved ITEM NO.4 Clayton Coastal Development Permit No. CD2017-007 (PA2017-021) Site Location: 409 391" Street Council District 1 Liz Westmoreland, Assistant Planner, provided a brief project description stating that the request is for a coastal development permit to allow the demolition of an existing single-family residence with attached garage and construction of a 2,974-square-foot, single-family residence with a two-car garage. The project complies with all applicable development standards. The subject property is located within 200 feet of the water, therefore, a Construction Pollution Prevention Plan and Water Quality Hydrology Plan were provided to address any potential construction or post-construction water quality impacts. Finally, Ms. Westmoreland stated that the project is not located between the nearest public road and the sea or shoreline. Staff recommended approval of CD2017-007 and provided a resolution with findings. Page 2 of 6 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 06/15/2017 Applicant Eric Aust, 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. Seeing that no one from the public wished to comment the public hearing was closed. Action: Approved ITEM NO. 5 Richley Residence Coastal Development Permit No. CD2017-015 (PA2017-036) Site Location: 117 Via Lido Soud Council District 1 David Lee, Planning Technician, provided a brief project description stating that the request is for a coastal development permit to allow the demolition of an existing single-family residence, and the construction of a new single-family residence with an attached three-car garage. Mr. Lee stated that the property was located in the Single-Unit Residential Zoning District and conforms to all standards of the Zoning Code. Mr. Lee also stated that the property is located approximately 90 feet from a City bulkhead and that a coastal hazard and sea level rise analysis was prepared, which concluded that the proposed project is above any potential coastal hazard. Finally, Mr. Lee stated that the project site will not affect public recreation, access, or views. Applicant Bill Guidero, 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. Seeing that no one from the public wished to comment the public hearing was closed. Action: Approved ITEM NO. 6 Smith Residence Coastal Development Permit No. CD2017-008 (PA2017-024) Site Location: 2134 Miramar Drive Council District 1 Gregg Ramirez, Senior Planner, provided a brief project description stating that the request is for a coastal development permit to allow the demolition of an existing single-family residence, and the construction of a new single-family residence. Mr. Ramirez stated that the property was located in the Single-Unit Residential Zoning District and conforms to all standards of the Zoning Code and Local Coastal Program. He indicated that the existing home, the Gronsky House, was included in the 1992 City's Historic Resource Inventory. He further explained that the Historic Resource Inventory was not formally adopted by the City Council and that the home was listed as Class 4 Resource, meaning that it had been subrationally altered. Therefore, the structure was not considered a significant resource pursuant to CEQA. However, a draft condition of approval was included in the resolution requiring photo documentation of the interior and exterior of the home prior to the issuance of demolition building permits. Applicant Bill Guidero, 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. Brad Smith questioned who was responsible for preparing the photo documentation and staff indicated the applicant was responsible. Seeing that no one from the public wished to comment the public hearing was closed. There were no other public comments. Action: Approved Page 3 of 6 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 06/15/2017 ITEM NO. 7 Rogers Residence Coastal Development Permit No. CD2017-028 (PA2017-068) Site Location: 320 and 322 Buena Vista Boulevard Council District 1 Jaime Murillo, Senior Planner, provided a brief project description stating that the project involves two lots that were previously approved by the City and Coastal Commission for merger. The subject permit is for a coastal development permit to allow the demolition of an existing single-family residence located at 322 Buena Vista, and the expansion and addition to the existing single-family residence located at 320 Buena Vista. The resulting floor area would be 6,145 square feet with an attached 5-car garage. Mr. Murillo stated that the project conforms to all applicable development standards. Water quality and coastal hazard reports were prepared for the project. The coastal hazards analysis concludes that the proposed project will be safe from flooding hazards for the next 75 years. Mr. Murillo also stated that the property does not impact coastal access and is in conformance with the Local Coastal Program. Lastly, he explained that a revised draft resolution was distributed that clarifies conclusions of the coastal hazard report and changes to the conditions. The property owner, Mr. Stephen Rogers, stated he reviewed the conditions of approval in the revised draft resolution and agrees with all of the required conditions. The Zoning Administrator opened the public hearing. One member of the public, Brenton Burke, asked a question regarding the proposed front setback adjacent to his client's property next door. Mr. Murillo explained the minimum development standards applicable to the property. Brad Smith, on behalf of the owner,further explained the design concept for the project Seeing that no one from the public wished to comment the public hearing was closed. Action: Approved ITEM NO. 8 Gunderson Residence Coastal Development Permit No. CD2017-018 (PA2017-045) Site Location: 409 North Bay Front Council District 5 Benjamin Zdeba, Associate Planner, provided a brief project description stating that the property is a standard lot on Balboa Island that is not considered waterfront property as there is a public walkway between it and the water. The public walkway will not be hindered by this project and there will be no impact to visual resources. He noted the project is demolition of a single-family residence and construction of a new single- family residence that complies with all required development standards. Single-family residences are allowable in the Balboa Island (R-BI) Zoning District. He indicated the project site is located in the Appeal Area, so a waiver for de minimus development cannot be issued. A coastal hazards report was prepared for the project and the design will be reasonably safe for the 75-year life of the structure. He noted a recommendation in said report to raise the bulkhead to approximately 12 feet MSL (NAVD88), but stated the bulkhead is a City bulkhead, and not the responsibility of the property owner. He indicated the City is currently working to raise the bulkhead and will ensure it is adaptable with sea level rise in accordance with Local Coastal Program policies. Lastly, as the property is not considered waterfront, Mr. Zdeba recommended omitting Condition of Approval No. 2 related to the waiver of future shoreline protective devices. Applicant's representative, Carol McDermott of Entitlement Advisors, on behalf of the Dave Gunderson, Property Owner, stated that they had reviewed the draft resolution and that they agree 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 as Modified Page 4 of 6 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 06/15/2017 ITEM NO.9 Godber Residence Coastal Development Permit No. CD2017-011 (PA2017-027) Site Location: 20 Beacon Bay Council District 5 Benjamin Zdeba, Associate Planner, provided a brief project description stating that the project is demolition of a single-family residence and construction of a new single-family residence that complies with all required development standards. He indicated the project site is located on the shoreline and that there are no existing shoreline protective devices. There will be no impact to public access or any public coastal visual resources as a result of the project. Both a Water Quality and Hydrology Plan as well as a Construction Pollution Prevention Plan had been prepared and approved for the project, so there will be no adverse impacts to water quality. He also added that a coastal hazards report was prepared and the proposed design will be reasonably safe for the 75-year life of the structure. The Zoning Administrator requested Fact in Support of Finding No. 3 for Finding "A" be modified to indicate the site is not protected by a bulkhead or other shoreline protective device. Applicant's representative, Carol McDermott of Entitlement Advisors, on behalf of the Rick Godber, Property Owner, stated that they had reviewed the draft resolution and that they agree 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 as Modified ITEM NO. 10 Ink Yard Tattoo Studio and Art Gallery Minor Use Permit UP2017-006(PA2017-062) Site Location: 3413 Newport Boulevard Council District 5 Benjamin Zdeba, Associate Planner, provided a brief project description stating that the application is a request for a minor use permit to allow a tattoo studio (personal services, restricted) use in conjunction with an art gallery within an existing commercial tenant space. He indicated the zoning is Commercial Corridor (CC), which allows personal services, restricted land use with approval of a minor use permit. He discussed three other tattoo studio locations in the City and noted the approval of the proposed use would not result in an undue concentration. Tattoo artists are required to be registered with the Orange County Health Care Agency and the studio is inspected for proper sanitation facilities and other requirements regularly. He added there are conditions of approval included in the resolution to help ensure the proposed use is compatible with the surrounding land uses, especially the residential land uses in close proximity behind the tenant space. Lastly, he stated the project site is located in the Coastal Zone; however, the proposed project is not considered development as there is no change in the intensity of the use. Personal services, restricted uses are allowed in the Commercial Corridor(CC) Coastal Zoning District and a coastal development permit is not required. Mr. Zdeba indicated one recommended change to the draft resolution specifically related to Fact in Support of Finding 2 beneath Finding "A,"wherein it is stricken and replaced with "The proposed physical improvements are limited to changes to the interior of an existing multi-tenant building. These improvements are of a nature that will not impede or discourage pedestrian activity." The applicant, Emilio Flores, was not present, but had communicated 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 as Modified Page 5 of 6 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 06/15/2017 E. PUBLIC COMMENTS ON NON-AGENDA ITEMS None. F. ADJOURNMENT The hearing was adjourned at 4:05 p.m. The agenda for the Zoning Administrator Hearing was posted on June 9, 2017, at 1:OOp.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 June 9, 2017, at 1:18 p.m. Patrick J. Alford, Zoning Administrator Page 6 of 6