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HomeMy WebLinkAbout00_08-24-2017_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 24, 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 Makana Nova, Associate Planner Benjamin Zdeba, Associate Planner Chelsea Crager, Assistant Planner Liz Westmoreland, Assistant Planner B. REQUEST FOR CONTINUANCES None. C. MINUTES of August 10, 2017 Action: Approved 08/24/2017 D. PUBLIC HEARING ITEMS ITEM NO. 1 Haunch Remodel Coastal Development Permit No. CD2017-042 (PA2017-095) Site Location: 821 W. Balboa Boulevard Council District 1 Chelsea Crager, Assistant Planner, provided a brief project description stating that the project is a coastal development permit to allow a remodel and addition to a two -unit condominium project with work proposed in both units. The units are under the same ownership. The proposed addition is substantial; however, there is minimal site work proposed and therefore water quality studies are not required. The project does not request any deviations. The project does not affect public access. Applicant John Morgan, 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 asked how height was measured for this project. Assistant Planner Crager explained the height was measured from the established grade per the Newport Beach Municipal Code, and in this case it is an average of four points that closely approximate the footprint of the structure. Mr. Mosher also asked about the purpose of the note on the plans that states height certification is required. Ms. Crager explained that this is standard practice for structures nearing the height limit in the City and is verified by inspection. There were no other public comments. Action: Approved ITEM NO. 2 14 Beacon Bay Coastal Development Permit No. CD2017-051 (PA2017-106) Page 1 of 6 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 08/24/2017 Site Location: 14 Beacon Bay Council District 5 Liz Westmoreland, Assistant Planner, provided a brief project description stating that the request was for a coastal development permit to allow the construction of a single-family residence and associated structures at 14 Beacon Bay. Ms. Westmoreland discussed the coastal hazards analysis, Construction Pollution Prevention Plan, and Water Quality and Hydrology Plan, which were prepared by the Applicant in compliance with City requirements. The project site is located within the nearest public road and the sea or shoreline, but redevelopment would not affect public recreation, access, or views. Ms. Westmoreland also provided a correction to the resolution. Under Finding B, an additional Fact was added that incorporates Fact 9 (in support of Finding A). Condition 20 was also revised to specifically include the "beach" in addition to sensitive habitat, receiving waters, or a storm drain. Applicant Caitlin Smith of Brandon Architects, on behalf of the Owner, stated that she 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 asked how the calculations in the staff report for open volume and allowable third floor space were the same. He also inquired about signage for the public beach that was previously required for a neighboring property. There were no other public comments. Ms. Westmoreland responded that the equation for required open volume and allowable third floor area are the same, at 15 percent of the buildable area. Additionally, signage relating to the public beach would not be appropriate for the site given its location. Additionally, the Applicant would not be able to install signage offsite. With that, the Zoning Administrator approved the Coastal Development Permit with changes to the resolution as requested by staff. Action: Approved ITEM NO. 3 2201 Bayside Drive Coastal Development Permit No. CD2017-050 (PA2017-117) Site Location: 2201 Bayside Drive Council District 6 Makana Nova, Associate Planner, provided a brief project description stating that the request was to develop two single-family residences where the property was previously subdivided in 2005 into two single-family parcels. The required Water Quality Management Plan (WQMP) and Construction Pollution Prevention Plan (CPPP) had been reviewed and approved by the City's Engineer Geologist. Ms. Nova added that revised language is proposed for Finding B (1) of the draft resolution, which addresses coastal access and clarifies that the property had previously been developed with residential development and that adding vertical access at this location would pose a safety hazard given the location of the property at the curve of Bayside Drive. The design of the residence includes a pool and other patio improvements that would serve as adequate flood protection above the minimum City standard of 10.0 feet (NAVD88). Finally, a waiver of future shoreline protection and acknowledgement of coastal hazards would be required as conditions of approval to be recorded prior to the issuance of building permits. Applicant Tyler Wilson of Brandon Architects, on behalf of the property owner, Greg Cullen, 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 inquired about the height of the proposed project in relation to the minimum 9.0 feet elevation and the measurement of height, the datum identified in the draft Page 2 of 6 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 08/24/2017 resolution, the Local Coastal Program requirements regarding a bulkhead at this specific location, and access to the adjacent public beach. There were no other public comments. Ms. Nova clarified that the existing property exceeds the minimum 9.0 -foot elevation required by the Zoning Code and that height for the property is measured from the average grade established for the property. She indicated Mr. Mosher was correct in that the datum referencing mean sea level in fact A(3) in the draft resolution should be corrected to "feet." Ms. Nova went on to discuss the Local Coastal Program allowance for a bulkhead structure 40 -feet landward of the mean high tide line. However, the applicant was not proposing the construction of a bulkhead at this location and instead had provided sufficient flood protection devices through the pool and patio improvements of the proposed residents. Additionally, the waiver of future protection proposed as a condition of approval would not allow new flood protection devices to be constructed seaward of the existing devises designed through the construction of the residence. The Zoning Administrator added some clarification regarding coastal access to the adjacent beach area, noting that the beach area is located on private property and that beach areas below the mean high tide line are publicly accessible. With that, the Zoning Administrator approved the Coastal Development Permit with changes to the resolution as requested by staff. Action: Approved ITEM NO.4 2209 Bayside Drive Coastal Development Permit No. CD2017-054 (PA2017-118) Site Location: 2209 Bayside Drive Council District 6 Benjamin Zdeba, Associate Planner, provided a brief project description stating that the request is for the construction of a single-family residence on a property that was previously subdivided in 2005. The required Water Quality Management Plan (WQMP) and Construction Pollution Prevention Plan (CPPP) had been reviewed and approved by the City's Engineer Geologist. Mr. Zdeba added that revised language is proposed for Finding B(1) of the draft resolution, which addresses coastal access and clarifies that the property had previously been developed with residential structures and that adding vertical access at this location would pose a safety hazard given the location of the property at the curve of Bayside Drive. The design of the residence includes a pool and other patio improvements that would serve as adequate flood protection above the minimum City Standard of 10.0 feet (NAVD88). Finally, a waiver of future shoreline protection and acknowledgement of coastal hazards would be required as conditions of approval to be recorded prior to the issuance of building permits. Applicant Tyler Wilson of Brandon Architects, on behalf of the property owner, Greg Cullen, 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 inquired about the recordation of the Parcel Map as it relates to a letter from Principal Planner Jim Campbell regarding the expiration of said map. He also questioned why there was no separate assessor's parcel number (APN) listed for one of the projects. There were no other public comments. Associate Planner Zdeba stated the Parcel Map had been recorded and that the property owner is working with the County Assessor's Office to obtain a new APN for the newly created lot. He indicated the final certificate of occupancy would not be issued until a new APN is assigned. The Zoning Administrator clarified that APNs do not always reflect legal property lines, but are for assessment purposes. He approved the Coastal Development Permit with changes to the resolution as requested by staff. Page 3 of 6 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 08/24/2017 Action: Approved ITEM NO. 5 Arrache Residence Coastal Development Permit No. CD2017-038 (PA2017.090) Site Location: 1223 East Balboa Boulevard Council District 1 Benjamin Zdeba, Associate Planner, provided a brief project description stating that the request is for the demolition of a single-family residence and the construction of a new single-family residence. He indicated the proposed design complies with all Zoning Code development standards, including setbacks, height and parking. He noted the required Water Quality Management Plan (WQMP) and Construction Pollution Prevention Plan (CPPP) had been reviewed and approved by the City's Engineer Geologist. He added the City has an encroachment policy in place that allows certain, limited encroachments into the Ocean Front right-of-way at the discretion and review of the Public Works Department, but that those encroachments do no hinder public access to the beachfront. Lastly, he noted a recommended change to Condition of Approval No. 15 to clarify that no construction materials should be placed on the beach. Applicant Ron Arrache, stated that he had reviewed the draft resolution and agrees with all of the required conditions. Jim Mosher inquired about the elevation datum identified in the draft resolution and suggested the measurement be changed to "feet," as there was no unit of measurement indicated. He also expressed confusion as to why the amount of projected sea level rise referenced in the draft resolution was noted as "conservative." Bryan Ozonian stated he is a neighbor and expressed his support for the project. There were no other public comments. Associate Planner Zdeba stated the unit of measurement should be reflected as feet and recommended omitting the word "conservative" from the fact in the draft resolution. The Zoning Administrator approved the Coastal Development Permit with changes to the resolution as requested by staff. Action: Approved ITEM NO.6 Balboa Lily's Alcohol Service Minor Use Permit No. UP2017-016 (PA2017-124) Site Location: 1223 East Balboa Boulevard Council District 1 Benjamin Zdeba, Associate Planner, provided a brief project description stating that the applicant's request is to add beer and wine sales and service by way of a Type 41 (On -Sale Beer and Wine — Eating Place) Alcoholic Beverage Control (ABC) license to an existing restaurant. He noted there were no other operational changes requested and that the restaurant operates until 9 p.m., Sunday through Thursday and 10 p.m. on Friday and Saturday, which is not considered a late closing hour (beyond 11 p.m.). He indicated staff recommends allowing a 10 p.m. closing hour, daily, to allow flexibility for the operator in the future. The property is located in a mixed-use zoning district; thus, the 10 p.m. closing hour is appropriate, as there are residential units above and nearby. He also stated the applicant did not request to make any changes to the floor plan. He discussed the previous entitlements for the restaurant and noted they would be superseded should this project be approved. Lastly, he indicated the Police Department reviewed the request, did not have any objections, and issued a memorandum with recommended conditions of approval to help ensure compatibility with the neighborhood. The Zoning Administrator clarified the Police Department had no conditions related to the closing hour of the restaurant. Page 4 of 6 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 08/24/2017 Applicant Michael Cho, Esq. of Palmieri, Tyler, Wiener, Wilhelm & Waldron LLP, on behalf of the Eunjoo Pluenneke, Balboa Lily's operator, stated they reviewed the draft resolution. He expressed agreement with staff's recommendation for approval, but requested a change to Condition of Approval No. 26 related to the prohibition of sales for off-site consumption. Mr. Cho indicated the operator would like to have the opportunity to sell unopened bottles of beer and wine with to -go orders. He noted the Type 41 ABC license does permit a limited amount of off -sale. The Zoning Administrator clarified with Associate Planner Zdeba that staff was not aware of this request prior to the hearing. He expressed concern with the project description as relayed on the public hearing notice in that it did not indicate any off -sale component and further questioned whether this was a condition of approval recommended by the Police Department. Mr. Zdeba stated the condition came directly from the Police Department and recommended that if the Zoning Administrator desired to change the condition, he could consider revising it to state "unless otherwise permitted by the Police Department" The Zoning Administrator discussed potentially changing the condition to state "No off -sale of alcohol is permitted beyond that which is permitted by the Type 41 ABC license." He inquired with staff as to whether an amendment would be required should the operator desire to conduct off -sale of alcohol with an off -sale ABC license. Mr. Zdeba noted this would necessitate an amendment to the Minor Use Permit should it be approved. The Zoning Administrator opened the public hearing. Jim Mosher expressed difficulty for the public in understanding what "off -sale' and "on -sale" mean and recommended changing the language to indicate something similar to "no sales for off-site consumption" He also added the Police Department needs to submit a letter of public convenience and necessity to the State Department for Alcoholic Beverage Control that discussed overconcentration of licenses and/or crime in the area. He noted the City Council had recently updated the Policy regarding this matter and he expressed concern the memorandum did not reflect the updated Policy practice as the alcohol-related crime rate did not appear to be detailed. Bryan Ozonian expressed a general concern with alcohol sales in the area, especially related to visitors and the overconcentration of alcohol establishments. He questioned whether the nearby restaurants also have the capability to sell unopened bottles of beer and wine with to -go orders. There were no other public comments. The Zoning Administrator closed the public hearing. Associate Planner Zdeba stated he did not know about the practices of other restaurants in the area related to off-site sales as the request at hand was made at the hearing and he did not have time to review the matter more closely. With respect to Mr. Mosher's comments, Mr. Zdeba stated he was unaware of the Policy change and could not comment on whether Investigator Joe followed the updated Policy. The Zoning Administrator discussed the project description as distributed in the public hearing notice and clarified there was no indication the sale would be limited to on -sale only. He added that the "off-site" and "on- site" terminology is consistent with the language in the Zoning Code. The Applicant, Michael Cho, Esq., indicated a finding for public convenience and necessity is not required for the type of ABC license under review as part of this project. With respect to the public comments made, Mr. Cho stated there are issues with irresponsible drinking on the Peninsula with certain establishments, but that this restaurant as conditioned will not be conducive to a bar establishment. He emphasized there is no fixed bar counter existing or proposed as part of the application. Regarding the ancillary off -sale, he stated that, although unwritten, generally the ABC allows less than 20 percent of the alcohol sales for restaurants to be off -sale (i.e., unopened bottles for off-site consumption). He added that this is becoming more prevalent with food delivery services such as UberEATS and Doordash, which can include delivery of unopened alcoholic Page 5 of 6 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 08124/2017 beverages as part of a takeout order. Lastly, he gave examples of establishments in Fashion Island that have a similar practice (e.g., Cucina Enoteca or Fleming's). The Zoning Administrator reviewed the floor plan and noted it is not conducive to off -sale of alcohol inasmuch as there is not a refrigerator or display case where a customer could walk in and purchase alcohol for off-site consumption. He expressed agreement with staffs recommendation of approval, but requested Condition of Approval No. 26 be modified to allow off -sale consistent with the Type 41 ABC license. Action: Approved as modified E. PUBLIC COMMENTS ON NON -AGENDA ITEMS A resident from 1222 East Balboa Boulevard had a question about public access inside his bulkhead line. The resident explained that he pays insurance that includes the inside of the bulkhead line and questioned liability issues. The Zoning Administrator responded that when California became a state in 1850, it reserved control over tidelands and submerged lands. The California Constitution guarantees that the public has access below the mean high tide line. The public can walk across what might be considered private property as long as they are below the mean high tide line. The Coastal Commission also includes "wet sand" as a space of public access. Development cannot negatively affect public coastal access. He added that generally larger developments, especially nonresidential, may be subject to conditions of approval that require public access easements to provide lateral and vertical access the water. Mr. Mosher had a question about properties that have elevations lower than 9.00 feet (NAVD 88) as it relates to the height measurement of the structure. He noted the Zoning Code requires a minimum finished floor elevation of 9.00 feet (NAVD 88), but wondered whether a property owner could elect to have a higher finished floor and measure height from the higher elevation. The Zoning Administrator responded that the higher finished floor elevation is for flood protection purposes only. Associate Planner Zdeba added that property owners have the ability to elevate finished floors higher; however, they do not get the benefit of additional height as it would still be measured from the 9.00 -foot (NAVD 88) elevation. /_111119111N:IJJ14:1111 The hearing was adjourned at 4:44 p.m. The agenda for the Zoning Administrator Hearing was posted on August 17, 2017, at 10:02 a.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 17, 2017, at 10:11 a.m. Patrick J. Alford, Zoning Administrator Page 6 of 6