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HomeMy WebLinkAbout11-20-2018_ZA_Minutes Page 1 of 4 MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR THE REGULAR MEETING WAS HELD ON: Tuesday, November 20, 2018 3:00 p.m. THE MEETING WAS HELD AT: Newport Beach City Hall 100 Civic Center Drive, Newport Beach Corona del Mar Conference Room (Bay E-1st Floor) I. CALL TO ORDER – The meeting was called to order at 3:00 p.m. Staff Present: Patrick J. Alford, Zoning Administrator Makana Nova, Associate Planner Liz Westmoreland, Assistant Planner II. REQUEST FOR CONTINUANCES None. III. PUBLIC HEARING ITEMS ITEM NO. 1 Manly Residence Coastal Development Permit No. CD2018-074 (PA2018-182) Site Location: 2612 Mesa Drive Council District 3 Liz Westmoreland, Assistant Planner, provided a brief project description stating that the project includes the partial demolition of an existing single-family residence and construction of a new single-family addition with a garage. The project complied with all standards and provided substantial setbacks. Applicant William 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. One member of the public, Jim Mosher, spoke in favor of the project design, noting that the proposed structure was much smaller than the allowable building envelope. He questioned the inclusion of the standard conditions pertaining to the waiver of future shoreline protective devices and waiver of hazards contained in the resolution. There were no other public comments. The Zoning Administrator noted that protective devices could be other hazards such as erosion. Ms. Westmoreland stated that there are other types of protective devices that may be applicable to the site and that other hazards may be present on the site due to its proximity to the steep hill. The word “shoreline” was removed from the subject condition. Action: Approved MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 11/20/2018 Page 2 of 4 ITEM NO. 2 Newport Beach Country Club-Tennis Club Site Coastal Development Permit No. CD2017-039 (PA2017-091) Site Location: 1602 East Coast Highway Council District 5 Makana Nova, Associate Planner, provided a brief project description and overview of the project history, stating that the coastal development permit approved by the California Coastal Commission (CCC) expired in April of 2015. Therefore, the applicant is now pursuing a Coastal Development Permit (CDP) application through the City, which now has coastal permit authority. She then summarized the project’s consistency with the certified Local Coastal Program (LCP), including policies and regulations regarding coastal access, coastal hazards and the provision of low-cost overnight visitor accommodations. The project was analyzed for compliance as part of a previously adopted Mitigated Negative Declaration (MND) where there have been no significant changes to the project. Further, the adjacent Newport Beach Country Club project was analyzed in the cumulative projects analysis of that MND. Project Architect, Leland Stearns of Stearns Architecture introduced the project and explained that it is substantially the same as the original Tennis Club project approved in 2012. The architectural style of the Villas has been modified slightly to more closely match that of the adjacent craftsman style of the Newport Beach Country Club project. Robert O’Hill, applicant and managing owner, provided an overview of the project components and compared the projects similarity to Rancho Valencia in San Diego. He explained his personal connection to the project site and desire to bring this new Tennis Club project to the City. The Zoning Administrator confirmed with staff that the CCC originally reviewed the project for conformance with the Coastal Act where the City is now tasked with reviewing the project for conformance with the City’s certified LCP. The Zoning Administrator then asked about any significant deviations in this analysis and Ms. Nova responded that the project had been reviewed for conformance with regulations related to low-cost overnight visitor accommodations. These regulations require an additional feasibility and impact analysis. Low-cost overnight visitor accommodations were mentioned in the original CCC staff report and found that there would be no significant impact to low-cost overnight visitor accommodations. The City came to a similar conclusion as the CCC. Although there is a specific impact defined in the certified LCP, the report did not find a direct nexus between the implementation of the project and the impact to low-cost visitor overnight accommodations. The Zoning Administrator further requested clarification regarding the effective dates of the subdivisions and associated entitlements. Ms. Nova explained that the project subdivisions and other entitlements are tied together through the Development Agreement, which became effective on September 27, 2012 and that the effective date runs for a 10-year duration through 2022. Therefore, the associated entitlements are bundled together and effective through the Development Agreement. The Zoning Administrator asked if the CCC had specifically reviewed the Development Agreement. Ms. Nova explained that the Approval in Concept application package submitted to the CCC included all resolutions and ordinances approving the project, including the Development Agreement. Further, the Development Agreement was referenced in the Appendix B project description portion of the Approval in Concept package submitted to CCC. However, the Development Agreement was not specifically referenced in the Intent to Issue a CDP authorized by the CCC. The Zoning Administrator further confirmed that the current CDP application could stand on its own. The Zoning Administrator went on to mention public comments submitted by Still Protecting Our Newport (SPON) and Jim Mosher describing concern about the noticing process. Ms. Nova described the Notice of Filing process for this project and explained that the project site had been posted twice with the Notice of Filing, once in May of 2017 when the application was first submitted, and again in May of 2018, since the original notices had since been removed from the site. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 11/20/2018 Page 3 of 4 Regarding comments relating to off-street parking, Ms. Nova explained that an updated parking exhibit for the site has been provided by the applicant and described the parking requirement relative to the Planned Community Development Plan and proceeded to provide an overview of parking for each component of the project. She also mentioned that there are two parking easement areas with the Irvine Company that provide additional parking supply for the project in addition to what is available on-site. The parking provided is consistent with the parking required in the Planned Community Development Plan. The Zoning Administrator opened the public hearing. One member of the public, Jim Mosher, spoke and clarified that he had been able to locate the tentative tract map in the Zoning Administrator packet. He noted that the notice of filing had been absent from the site for many months and that some of the public notices had fallen or been removed from the site. He expressed his concern related to the effectiveness of the Development Agreement. He stated the Coastal Development Permit must be consistent with the General Plan and that to the layman this project is not consistent with Table L1 of the General Plan. He requested further clarification whether the adjacent Country Club project was contemplated in the adopted MND for CEQA compliance. He mentioned that the Lido House Hotel project included a mitigation fee to the CCC for impacts to low-cost visitor accommodations whereas the analysis for this project suggests a fee is not required. There were no other public comments. Ms. Nova, confirmed again that the site had been posted in accordance with the requirements of the Local Coastal Program for the notice of filing and for the Zoning Administrator hearing. The Zoning Administrator went on to clarify that the LCP requires the project to comply with development limits established in the General Plan. The project review thus requires consistency with the certified LCP, which provides different thresholds for development that may not exceed the General Plan development limits. The Planning Commission and City Council found that the project was consistent with the development limits of the General Plan. Staff confirmed that they are therefore confident that the existing CEQA analysis is sufficient to act on the current CDP application. Ms. Nova noted that the original project planner, Rosalinh Ung, Senior Planner, was present to clarify the background of the project’s analysis relative to the Mitigated Negative Declaration for CEQA compliance related to the Newport Beach Country Club and Tennis Club projects. Ms. Ung explained that the project MND for the Golf Club Site already considered options for a larger golf club site (up to 50,000 square feet) since there were two competing projects processed concurrently. At the request of the Zoning Administrator, Mr. O’Hill described the process for the Low Cost Overnight Visitor Accommodations analysis, where a consultant, CBRE Hotels, was hired to analyze the project for compliance with the City’s certified Local Coastal Program requirements. He summarized the report and added that the cost of the individual units is high; however, the pricing is somewhat moderated since the units provide roll-out couches, kitchen facilities, and laundry facilities, which help lower the overall cost of stay for guests staying in the bungalows. Ms. Nova reviewed the Notice of Intent from the CCC and confirmed that there were no conditions of approval requiring youth and senior programs for the project although that may have been a point of discussion at the CCC meeting. The Zoning Administrator did not grant the written requests for continuances, stating that no additional data was presented that would provide value in continuing the item. The Zoning Administrator then took the recommended action and adopted the draft resolution approving the Coastal Development Permit. Action: Approved MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 11/20/2018 Page 4 of 4 IV. PUBLIC COMMENTS ON NON-AGENDA ITEMS None. V. ADJOURNMENT The hearing was adjourned at 3:48 p.m. The agenda for the Zoning Administrator Hearing was posted on November 15, 2018, at 2:30 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 15, 2018, at 3:50 p.m. Patrick J. Alford Zoning Administrator