Loading...
HomeMy WebLinkAbout00_08-10-2017_ZA_Draft_MinutesNEWPORT BEACH ZONING ADMINISTRATOR MINUTES NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 Civic Center Drive, Newport Beach Corona del Mar Conference Room (Bay E -1st Floor) Thursday, August 10, 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 Chelsea Crager, Assistant Planner David Lee, Planning Technician B. REQUEST FOR CONTINUANCES 10 Ton C. MINUTES of July 27, 2017 Action: Approved 8/10/2017 D. PUBLIC HEARING ITEMS ITEM NO. 1 Khatami Residence Coastal Development Permit No. CD2017-037 (PA2017-087) Site Location: 117 25th Street Council District 1 Chelsea Crager, Assistant Planner, provided a brief project description stating that the applicant proposes to demolish a two-story, single-family residence and construct a new three-story single-family residence in an R- 1 zone. The project complies with all development standards with no deviations requested. Because the project is greater than 200 feet from the inland extent of a beach, no additional water quality studies are required beyond compliance with grading and drainage requirements. The project is not located between the nearest public road and the sea or shoreline and does not affect public access to coastal waters. Applicant Ian Harrison, 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 requested an explanation of the height measurement from the high point rather than the midpoint of the structure. One member of the public, Linda Taurus Bullock, spoke and asked when construction would begin and whether the applicant proposed any subterranean levels. One member of the public, Joe Wilkie, spoke and stated that he assumed the tree at the dividing wall would be removed. He questioned whether the first floor of the home would be located at street level. Ms. Crager explained that the height was measured from 9.0 NAVD88. The applicant did not propose a basement for the home. Mr. Harrison advised that construction would begin as soon as the building permit is issued. The tree will be removed. The first floor will be at the street level. Page 1 of 5 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 8/10/2017 There were no other public comments. Action: Approved ITEM NO.2 Walsh Residence Coastal Development Permit No. CD2017-062 (PA2017-147) Site Location: 417 and 417'/, Edgewater Place Council District 1 David Lee, Planning Technician, provided a brief project description stating that the project proposes conversion of an existing duplex into a single-family residence with an expansion of the second floor. No additional square footage is proposed on the first floor. The lot is zoned for two -unit residential. The proposed addition is consistent with the Zoning Code in terms of parking, height, setbacks, and floor area. The resolution was revised to indicate no water quality study is needed and the sufficiency of the bulkhead for flood protection. The resolution number will be corrected on the final resolution. The Zoning Administrator opened the public hearing One member of the public, Marianne Zippi, spoke and stated that parking is not adequate for the existing or proposed structure. She encouraged the Planning Division to consider changing parking regulations for new construction. One member of the public, Wayne Zippi, spoke and stated that cars don't fit in the garage, so the owners leave the cars parked half in the alley and half in the garage. The structure is not set back 5 feet from the alley. There were no other public comments. Mr. Lee explained that two garage spaces are required for a single-family structure of less than 4,000 square feet of livable floor area. The applicant is providing adequate parking for a single-family residence. The parking requirement is based on the square footage of the home. In response to the Zoning Administrator's question, Mr. Lee indicated the required rear setback is 5 feet. The applicant has the right to add up to 50 percent of floor area, and the applicant proposed an addition of less than 50 percent. The project conforms with nonconforming sections pertaining to additions. The applicant advised that he is moving away from a duplex to a single-family use. The proposed project is below established thresholds. He is willing to work with City staff regarding parking issues. The Zoning Administrator noted that the project conforms with all standards of the City's certified Local Coastal Program. He found no compelling evidence to justify a more stringent application of development standards on this property. Action: Approved ITEM NO. 3 521 Bolsa Avenue Tentative Parcel Map No. NP2017.015 (PA2017-123) Site Location: 521 Bolsa Avenue Council District 2 David Lee, Planning Technician, provided a brief project description stating that the lot is zoned as two -unit residential. The existing single-family residence was demolished and will be replaced with a new duplex. A parking fee shall be assessed prior to the recordation of the parcel map. The proposed two -unit duplex will be built to the requirements of the Zoning Code. The tentative parcel map will allow each unit to be sold separately as condominiums. No waivers of the subdivision development standards are proposed with this application. Applicant Jim Cefalia, as the property owner, stated that he had reviewed the draft resolution and agrees with all of the required conditions. Page 2 of 5 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 8/10/2017 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.4 242 and 244 Catalina Drive Tentative Parcel Map No. NP2017-016 (PA2017-129) Site Location: 242 and 244 Catalina Drive Council District 2 David Lee, Planning Technician, provided a brief project description stating that the lot is zoned as two -unit residential. The existing duplex was demolished and will be replaced by a new duplex. The tentative parcel map would allow each unit to be sold separately as condominiums. The applicant proposes no waivers of the subdivision development standards. The correct resolution for this project has been provided. To address Mr. Lewis' comment about off-street parking, Zoning Code Section 20.40.30 states each parking space shall be permanently available and maintained for parking purposes. Applicant Decker 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 clarified that the Zoning Code required the garage be kept available for parking. Action: Approved ITEM NO. 5 Annual Review of Development Agreement for Hoag Memorial Hospital Presbyterian (PA2009-064) Site Location: 1 Hoag Drive Council District 1, 2, 3 Rosalinh Ung, Associate Planner, provided a brief project description stating that the Development Agreement was adopted in 1994 for Hoag Hospital. The Agreement and the Planned Community Development were amended in 2008 to include change of development intensity to its upper and lower campus. The term of the Agreement is 25 years and will expire in 2019. The last annual review hearing was conducted in 2016 and the Zoning Administrator directed Hoag to work with Balboa Villa residents to address landscaping screening and noise issues at the Co -Gen Plant and to submit a report within 90 days, which Hoag did. This report was reviewed and accepted by the Zoning Administrator. For this year annual review, Hoag submitted the annual review report in April while working on the noise study portion. This noise study was submitted in June and staff has incorporated Hoag's noise compliance report into the annual review report. Since the last review, Code Enforcement staff has received one complaint regarding early morning deliveries, and staff has received written communications from Villa Balboa residents regarding the noise study, landscaping coverage, tree height, and plume abatement. On July 20, 2017, staff conducted a site visit and found that landscaping at the lower campus has improved over the past few years. The tree height limitation applies to trees planted atop buildings. Staff found the plume abatement report complies with specific criteria. Hoag has shown willingness to address its operational noise issues and making improvements to the planting and maintenance of the lower campus landscape areas; staff, therefore, believes that Hoag Hospital is in good faith compliance with the Development Agreement. Roxanna Bryant of Hoag Hospital, the applicant, stated that she had reviewed and concurred with the staff report. Matthew Wilkinson of Arup, acoustic consultant, reviewed operational use of equipment to reduce noise. He reported that acoustic louvers have been installed to cover noise from the boiler room at the Upper Plant, and interventions at the cooling towers will reduce water noise. Tests were focused on nighttime noise. The exterior noise level at the Co -Gen Plant is in compliance with the City's noise standards. Noise levels at the Page 3 of 5 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 8/10/2017 Upper Central Plant exceed standards by 1 decibel. In response to the Zoning Administrator's questions, Mr. Wilkinson advised that multiple tests were conducted; although only one appears in the report. Erik Lidecis, Manager of Utilities/Operations, agreed that noise during testing was not representative of normal operations. Plant operations were well above usual levels when testing occurred. Measurements were taken at locations where concerns were raised. Ms. Ung reported that Code Enforcement staff typically measures noise from the exterior of buildings. The measurement inside the residential unit was taken with the sliding glass door open; however, the door should have been closed as it is not a window. Had the sliding glass door been closed during the measurement, noise levels may have been compliant with the City's noise standards. The Zoning Administrator opened the public hearing. One member of the public, Dick Runyon, a representative of Villa Balboa residents, spoke and stated that all four cooling towers' fans were not in operation during the test. The applicant did not provide any historical evidence of plant operations. City representatives were not present during testing. The noise level was only 1 decibel below the standard during testing. Eighty percent of residential units in three buildings do not have functional windows facing the plant. The sliding glass door is the only means to ventilate the room. Testing was conducted after sprinklers shut off, contrary to the statement in the report. Remotely controlled devices could be mounted at relevant locations to provide readings during nighttime hours. Additional soil is needed for the ivy to grow and screen the Co -Gen building. In 2012 and 2017, Hoag stated that additional time is needed for the ivy to reach full maturity and to cover the building. Hoag is not complying with direction to improve landscaping. There are no trees located on building tops. Hoag is not complying with tree height limitations. Hoag is not using the best technology for plume abatement. In response to the Zoning Administrator's questions, Mr. Runyon advised that the homeowners association has not conducted any independent noise measurements, but it could do so. Residents' concerns are that noise measurements are taken one time during the evening rather than during a period of intense use or during maintenance conditions. Jim Campbell, Principal Planner, indicated the ivy has been growing better lately, but the degree of coverage is a matter of opinion. Past tests have shown that running the Co -Gen Plant at full velocity would violate the Noise Ordinance at the closest residential units. However, the Plant does not operate at full velocity. The test is taken during a period of normal operation. Hoag has not guaranteed it would never operate the Plant at full velocity. The concern is possible violation of noise standards. The Development Agreement requires Hoag to limit the amount of energy dissipated at the plant during certain months of the year, which Hoag is doing. The staff report from 2008 does suggest a limitation of tree height to the height of buildings. The only regulation is that landscaping on tops of buildings or parking structures has to comply with the height limit. That regulation may have been misread and misapplied. Trees planted in the ground may grow to their mature height, as suggested by a provision in the Planned Community Development Plan. One member of the public, Jim Mosher, spoke and stated that Mr. Runyon's interpretation of the Code is reasonable if the sliding glass door is the only thing that opens to the outdoors. One member of the public, Sue Selot, spoke and stated that there had never been any dispute that Hoag does not comply with noise standards. Hoag has spent time and money to reduce noise levels. Her concern is that noise measurements are taken during the spring rather than the summer. In the summer, the requirements for ventilation are different and, therefore, the noise levels are different. One member of the public, Patricia Schuler, spoke and concurred with Ms. Selot's comments. Versailles residents request an update session with Hoag representatives. One member of the public, Rosemary Steinbrooker, spoke and stated that the Zoning Administrator made some exceptions to the September staff report. The fans on top of the buildings are an overwhelming source of noise when not maintained. The sound of ambulance sirens is another issue for residents. There were no other public comments Page 4 of 5 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 8/10/2017 Mr. Lidecis reported Hoag had reduced noise levels over the past year. Hoag staff now conduct nighttime rounds to monitor equipment. The four cooling towers do not run at night in order to comply with plume abatement. The water noise at the cooling towers has been reduced. Mr. Wilkinson concurred with the comment that tests were conducted after sprinklers shut off. The noise engineers isolated sound from the cooling towers during measurements. Ms. Bryant advised that Hoag representatives would work with Villa Balboa residents regarding landscaping. Regular tree trimming occurs throughout the campus. The louvers and splash mitigation items for the Upper Plant have been completed. Hoag representatives will meet with Versailles residents. In response to the Zoning Administrator's questions, Hoag Senior Vice President Sanford Smith advised that continual of noise monitoring, as suggested by Villa Balboa residents, could lead to repeated hearings before the Zoning Administrator, which is not appropriate. Mr. Wilkinson stated attributing exceedances to a noise source is very difficult with an automated system. The issue is not as simple as measuring noise levels. Ms. Ung reiterated the City Attorney Office's interpretation that a sliding glass door is not a window. The Zoning Administrator commented that he saw validity in the argument about the sliding glass door; however, he does not have the authority to interpret the Municipal Code. The noise mitigation program is a fluid document in that it allows for ongoing adjustments and modifications as necessary. There will be continual monitoring and hopefully improvements. Should Hoag stop abiding by the noise mitigation program, it will be subject to fines for violating the City's Noise Ordinance. The standard is good faith compliance. Ms. Ung defined good faith compliance as striving to comply with standards and mitigation measures associated with the Development Agreement and Planned Community Development Plan. Hoag has made efforts to comply with such mitigation measures. Action: Receive and file the annual report and find that Hoag has demonstrated good faith compliance with the terms of Development Agreement. E. PUBLIC COMMENTS ON NON -AGENDA ITEMS None. F. ADJOURNMENT The hearing was adjourned at 4:58 p.m. The agenda for the Zoning Administrator Hearing was posted on August 3, 2017, at 2:55 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 August 3, 2017, 2017, at 2:51 p.m. Patrick J. Alford, Zoning Administrator Page 5 of 5