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HomeMy WebLinkAbout00_04-27-2017_ZA_Draft_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. Page 1 of 5 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 Page 2 of 5 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 Page 3 of 5 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 Page 4 of 5 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 Page 5 of 5