HomeMy WebLinkAbout04-27-2017_ZA_Minutes NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 04/27/2017
NEWPORT BEACH ZONING ADMINISTRATOR MINUTES
100 Civic Center Drive, Newport Beach
Corona del Mar Conference Room (Bay E-1st Floor)
Thursday, April 27, 2017
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
Rosalinh Ung,Associate Planner
Benjamin M.Zdeba, Associate Planner
David Lee, Planning Technician
B. REQUEST FOR CONTINUANCES
None.
C. MINUTES of April 13, 2017
Action: Approved
D. PUBLIC HEARING ITEMS
ITEM NO. 1 Giangregorio Residence Coastal Development Permit No. CD2017-002 (PA2017-022)
Site Location: 3610 Marcus Avenue Council District 1
David Lee, Planning Technician, provided a brief project description stating that the applicant proposed an
addition to and a remodel of an existing single-unit dwelling with an attached 2-car garage. The existing flat
roof will be changed to a pitched roof, which would comply with the Zoning Code. The project will not affect
public recreation, access, or views to the sea. Staff recommends approval of Coastal Development Permit
No. CD2017-002 and has provided resolutions with findings. A revision of the resolution to include Coastal
Commission appeals does not affect conditions for the project.
Applicant Al Smith of Pacific Coast Design, on behalf of the property owner, stated that he has 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.2 Davis Residence Coastal Development Permit No. CD2017-010 (PA2017-026)
Site Location: 2612 Vista Drive Council District 3
Benjamin M. Zdeba, Associate Planner, provided a brief project description stating that the proposed project
will replace an existing single-family residence within the Bayshores Community. This project will not inhibit
public access to the Coast. He noted the resolution contains facts in support of findings to demonstrate
conformity to all required property development standards and compatibility with the neighborhood and
existing surrounding development. Staff received geotechnical reports and drainage and erosion control
plans to ensure no adverse effects to water quality as a result of the proposed project. Staff recommended
approval of Coastal Development Permit No. CD2017-010 and provided a draft resolution with findings. He
indicated a necessary revision to the resolution such that it would include Coastal Commission appeal and
stated that the change would not affect conditions for the project.
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NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 04/27/2017
Associate Planner Zdeba reported Craig Hampton on behalf of the property owner had communicated his
acceptance of the 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 Pacific View Memorial Park Development Agreement Annual Review(PA2009-024)
Site Location: 3500 Pacific View Drive Council District 6
Rosalinh Ung, Associate Planner, provided a brief project description stating that the annual review covers
the period of May 2016 to April 2017. The original Development Agreement was adopted in 1995 and
amended in 2007 to modify development allocation within specific sites and to extend the term to 2032.
There had been no new construction during the review period for the mausoleum or the administration
complex. Staff has received several complaints from a resident within the past several months related to the
operation and maintenance of Pacific View. Pacific View has addressed the complaints by purchasing
appropriate equipment and noise monitoring devices. Pacific View is aware of construction hours and the
restrictions regarding Sunday and federal holidays. Pacific View has also offered to purchase a limited
number of trees to be planted in the common area adjacent to the complainant's home. The trees will serve
to screen activities in Pacific View and will be maintained by the resident's Homeowner's Association. The
resident is obtaining approval from the Homeowner's Association. After reviewing the annual report,
applicable documents, and Pacific View's resolution to address nuisance issues, staff believes Pacific View
has operated in good faith and in compliance with the terms and conditions of the Development Agreement.
Staff recommends the Zoning Administrator receive and file the annual report and find the applicant has
complied with the terms of the Development Agreement.
Jennifer Shen of Clark & Green Associates, on behalf of the owner/applicant, reviewed the remaining
undeveloped areas within Pacific View.
Ruby Louis of Pacific View Memorial Park, the owner/applicant, reported (using a slide presentation) Pacific
View performs approximately 700 burials per year with 45,000 interments to date. Clients expect a high
degree of landscape maintenance and maintenance on scheduled days. Pacific View serves all religions with
varying customs. Pacific View is open every day, except Thanksgiving and Christmas, and holds services
seven days a week, up to eight services per day, in all areas of the cemetery. As an endowment care facility,
Pacific View has to uphold cemetery maintenance standards set forth by the State. In response to
complaints, Pacific View purchased sound meters to perform frequent monitoring of sound level output. The
landscape contractor switched to quieter leaf blowers, a riding mower, and backpack sprayers for weed
control to address complaints. Ms. Louis understood the Homeowner's Association has declined the offer to
plant trees in the common area, but she would look into planting trees on Pacific View property.
The Zoning Administrator opened the public hearing.
One member of the public, Rick Ferncase, spoke and requested trees be planted to screen noise, views, and
pesticide clouds. He requested that Pacific View would lock entrance gates each evening and employ a night
watchman.
One member of the public, Jim Mosher, spoke and stated that he had noticed a discrepancy regarding
complaints about noise from drilling and engraving. He inquired about the method used to measure the area
of mausoleums.
One member of the public, Leslie Feibleman (using a slide presentation and video), expressed concerns
around privacy, views, noise, air pollution, noxious odors, dust, smokers, incense burning, pesticide use, and
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NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 04/27/2017
the lack of a buffer area between the two properties. She requested installation of a buffer zone, notification
of construction, and implementation of a noise and air pollution mitigation plan.
One member of the public, Peter Feibleman, spoke and stated that he concurred with Ms. Feibleman's
comments.
There were no other public comments.
In response to the Zoning Administrator's questions, Associate Planner Ung advised that the role of the
Zoning Administrator does not include making changes to or modifying any of the conditions of the
Development Agreement. The Development Agreement contains a noise standard for construction purposes
and for maintenance purposes. Code enforcement staff has been monitoring Pacific View closely based upon
recent complaints. The Development Agreement does contain provisions pertaining to maintenance,
temporary screening of construction sites, and light spillage to adjacent uses but nothing related to pest
control and air pollution. The Development Agreement does not provide requirements for locking gates or
employing a security guard. Neither the Development Agreement nor the technical plan identify a buffer zone
adjacent to the Feiblemans' property as part of the entitlement approval.
In response to the Zoning Administrator's questions, Zac Michael of the Code Enforcement Division stated
complaints concerned noise from landscape equipment and construction. After investigation, the City issued
two notices of violation including one for the use of gas-powered leaf blowers. Pacific View's vendor switched
to quieter units. Pacific View has attempted to mitigate noise. The Municipal Code contains exemptions for
maintenance activities and construction during specified days and hours. The Municipal Code also contains
provisions regarding permanent exterior lighting shining into residences, not temporary shining of lights into
residences.
Ms. Louis indicated Pacific View would investigate planting trees as a screening measure and would notify
neighbors when it reached a decision. She was not aware of an agreement to screen the mausoleums.
Pacific View's security company locks the gates at varying times depending on the time of year. She would
contact the security company regarding shining flashlights into residences.
Ms. Shen advised that Pacific View was attempting to reduce noise from landscape activities, to work with
residents, and to meet clients'expectations.The mausoleums in Site H were screened with trees.
In response to the Zoning Administrator's questions, Associate Planner Ung indicated the entitlement for
operation of the cemetery was granted through a use permit. Continued violations of the Code or conditions
could lead to the Planning Commission revoking the use permit, but that would be a separate action from
review of the Development Agreement.
The Zoning Administrator stated that the testimony presented is evidence that the applicant had made a good
faith effort to comply with the terms and conditions of the development agreement. However, he added that if
there was not continued progress in the areas mentioned, then the use permit could be reviewed and
additional conditions could be imposed. He wanted to see progress made in these areas by the next review
of the Development Agreement; otherwise, he might consider referring it to the Planning Commission for
action.
Associate Planner Ung reported the discrepancy mentioned by Jim Mosher regarding noise complaints likely
occurred due to the timing of the staff report preparation. The square footage of the mausoleum was
determined by the footprint(depth and width)and the height of each individual structure.
Action: Receive and File Annual Report of the Development Agreement for Pacific View
Memorial Park
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NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 04/27/2017
ITEM NO.4 Newport Beach Country Club — Tennis Club Site Development Agreement Annual
Review(PA2016-196)
Site Location: 1602 East Coast Highway Council District 5
Rosalinh Ung, Associate Planner, provided a brief project description stating that the review pertained to the
tennis club site only. The Development Agreement was adopted in 2012 for the redevelopment of the existing
tennis facility. The term of the Development Agreement is ten years. This review covers the period of
September 2012 through March 2017. Recent annual reviews were not held because there was no activity.
Within the past year, staff received building plan check submittals for construction of single-family homes and
a tennis clubhouse. Within the review period, there had been no physical development-related activities on
the subject site. The Development Agreement contains a stipulation that coastal development permits must
be obtained in order for the City to issue building permits. No applications had been submitted to staff for
consideration, but they should be submitted soon. The City will be the responsible agency reviewing the
coastal development permit. After reviewing the annual report and applicable documents, staff believes the
applicant has been and continues to be in good faith compliance with the terms and conditions of the
Development Agreement. Staff recommends the Zoning Administrator receive and file the annual report and
find the applicant has demonstrated good faith compliance with the terms of the Development Agreement.
Roy Roberson of Land Strategies LLC, applicant on behalf of the property owner, Golf Realty Fund, reported
the site was consistent with all prior entitlements.
The Zoning Administrator opened the public hearing.
One member of the public, Jim Mosher, spoke and noted discrepancies between the applicant's report and
the staff report regarding the review period and submission of plans. He questioned whether City planning
approvals expired or were irrelevant because of the Development Agreement.
One member of the public, Otis Healy, spoke and requested a copy of the project diagram to share with the
Granville Homeowners Association.
One member of the public, Olivia Abel, spoke and expressed concern about traffic generating from the new
development on the tennis club site.
One member of the public, Nancy Skinner, spoke and requested copies of plans for the project.
Associate Planner Ung explained that the term of the Development Agreement is the expiration date for
entitlements. Building plans were submitted in December 2016; however, additional plans could be submitted
in the future. The December date is the building plan check submittals. She could provide a copy of the
overall master site plan for the tennis club site. Site development and design review had been approved as
part of the entitlement application, but a new coastal development permit is required.
The Zoning Administrator advised that staff could provide related information on project approvals issued to
date and information regarding traffic.
There were no other public comments.
Mr. Roberson suggested public speakers obtain a copy of the approved tentative subdivision maps, which
would answer their questions.The property owner would be amenable to answering questions.
The Zoning Administrator found Golf Realty Fund in good faith and compliance with the Newport Beach
Country Club—Tennis Club Site Development Agreement Annual Review.
Action: Receive and File Annual Report of the Development Agreement for Newport Beach
Country Club—Tennis Club Site
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NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 04/27/2017
E. PUBLIC COMMENTS ON NON-AGENDA ITEMS
None.
F. ADJOURNMENT
The hearing was adjourned at 4:44 p.m.
The agenda for the Zoning Administrator Hearing was posted on April 21, 2017, at 2:05 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 April 21, 2017, at 2:00 p.m.
Patrick J. Alford, Zoning Administrator
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