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HomeMy WebLinkAbout00_11-16-2017_ZA_MinutesNEWPORT BEACH ZONING ADMINISTRATOR MINUTES 11/16/2017 Page 1 of 5 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 Civic Center Drive, Newport Beach Corona del Mar Conference Room (Bay E-1st Floor) Thursday, November 16, 2017 REGULAR HEARING 3:30 p.m. I. CALL TO ORDER – The meeting was called to order at 3:30 p.m. Staff Present: Patrick J. Alford, Zoning Administrator Ben Zdeba, Associate Planner Liz Westmoreland, Assistant Planner Melinda Whelan, Assistant Planner Liane Schuller, Contract Planner II. REQUEST FOR CONTINUANCES Minutes of October 26, 2017. III. MINUTES of October 26, 2017 Action: Continued to the November 30, 2017 Zoning Administrator meeting. IV. PUBLIC HEARING ITEMS ITEM NO. 1 1045 West Balboa Boulevard Coastal Development Permit No. CD2017-078 (PA2017-183) Site Location: 1045 West Balboa Boulevard Council District 1 Liane Schuller, Contract Planner, provided a brief project description stating that the applicant requests a coastal development permit to allow the demolition of four residential apartment units and the construction of a new 3,467-square-foot duplex with an attached 643-square-foot two car garage and two covered carports. Ms. Schuller stated that the lot is zoned as two-unit residential (R-2), and that the proposed development is consistent with the zoning code standards, including parking, height, setbacks and floor area. Ms. Schuller explained that since the development is set back approximately 660 feet from the mean high water line, a water quality management plan and construction pollution prevention plan were not required and that a drainage system will be installed to ensure that the project will not impact water quality. Ms. Schuller stated that the project is not located between the nearest public road and the sea or shoreline. It will not affect public recreation, access, or views. Applicant Garrett Pack, on behalf of the project team, 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. Action: Approved NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 11/16/2017 Page 2 of 5 ITEM NO. 2 7302 West Ocean Front Coastal Development Permit No. CD2017 -056 (PA2017-121) Site Location: 7302 West Ocean Front Council District 1 Liz Westmoreland, Assistant Planner, provided a brief project description stating that the application was for a coastal development permit to demolish an existing single-family residence and construct a new single-family residence with attached garage. The proposed residence complies with all applicable development standards. A Coastal Hazards and Sea Level rise analysis was prepared for the project and concludes that hazards are not anticipated to adversely impact the site for the life of the development. The property is not located within 100 feet of coastal waters; therefore, the project design addresses water quality through a construction erosion control plan and post construction drainage system. This CDP does not include a request to add or alter any new or existing improvements, including landscaping, on State tidelands or public beaches. Existing coastal access and views would not be affected by the development. Staff recommended approval of CD2017-056. Applicant Phil Edmondson of Pacific Coast Architects, 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. Seeing that no one from the public wished to comment the public hearing was closed. Action: Approved ITEM NO. 3 1754 Ocean Boulevard Coastal Development Permit No. CD2017-093 (PA2017-216) Site Location: 1754 Ocean Boulevard Council District 1 Melinda Whelan, Assistant Planner, provided a brief project description stating that the request was for a coastal development permit for the demolition of an existing single-family residence and attached garage and the construction of a new 3,308 square foot single-family residence with an attached garage. The development complies with all applicable development standards, is located within the R-1 Zoning District, and is consistent with surrounding neighborhood. The property is within the categorical exclusion area but exceeds the floor area limit of the categorical exclusion order, and, therefore, is the reason this CDP is required. The property is not located within 100 feet of coastal water and is designed to meet water quality requirements with a construction erosion control plan. The property is not located between the nearest public road and the sea or shoreline and redevelopment does not affect public recreation access or views. Mrs. Whelan concluded that staff was able to make facts in support of all of the required findings and recommended approval to the Zoning Administrator. Applicant Brad Smith 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. Action: Approved ITEM NO. 4 Circle Hook Restaurant Minor Use Permit No. UP2017-025 (PA2017-189) Site Location: 3432 Via Oporto, Suite 104 Council District 1 Melinda Whelan, Assistant Planner, provided a brief project description stating that the request is for a minor use permit to allow a new eating and drinking establishment with no late hours, a Type 41 (On Sale Beer and Wine) Alcoholic Beverage Control License, and outdoor dining within a commercial retail suite in Lido Marina Village. The existing Use Permit for the redevelopment of Lido Marina Village allows maximum allocations for NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 11/16/2017 Page 3 of 5 restaurant uses and includes a parking management plan for the shared parking within the existing shared parking structure. Circle Hook is within the allowed limitations of the existing Use Permit and sufficient parking is provided in the parking structure. The outdoor dining area will maintain the minimum 6-foot-wide unobstructed public walkway on the Bayfront. The Police Department has reviewed the proposed establishment with the alcohol license and has no objections to the proposed establishment. The Police Department recommended standard conditions of approval which are provided in the draft resolution. Mrs. Whelan concluded that staff was able to make all of the required findings and recommends approval to the Zoning Administrator. Applicant Thomas Carson of Circle Hook, 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. Zoning Administrator Alford requested clarification from staff as to the level of review authority for the new alcoholic beverage license in the highly concentrated Peninsula Area and had staff considered forwarding the project to the Planning Commission. Staff explained that this was considered; however, due to the hours of operation (no late hours), the small size of the establishment with no bar area, the type of ABC license, and no objections from the Police Department, it was unnecessary. Action: Approved ITEM NO. 5 Olson Residence Coastal Development Permit No. CD2017-063 (PA2017-150) Site Location: 11 Harbor Island Council District 5 Ben Zdeba, Associate Planner, provided a brief project description stating that the request was for a coastal development permit for the demolition of an existing single-family residence and attached garage and the construction of a new two-story single-family residence with an attached garage. He noted the development complies with all applicable development standards, including, but not limited to height, setbacks, floor area, and parking. Given the property is on the waterfront, Mr. Zdeba stated the Property Owner will be required to sign and record an acknowledgment of coastal hazards that may be present on the site as well as a waiver of future protection bayward of the existing low patio wall. He added that the project has been designed to comply with all water quality requirements. A water quality and hydrology plan had been approved and a preliminary construction pollution prevention plan had been prepared to address any potential water quality impacts that may occur during construction. Lastly, Mr. Zdeba stated the proposed project would not have any impact to public coastal access or views. Harbor Island is a private gated community that has a shoreline consisting primarily of bulkheads. In 1984, the State of California adopted legislation that found the tidelands surrounding Harbor Island are generally inaccessible from public land and not suitable for public trust uses. Applicant’s representative Scott Laidlaw of Laidlaw Schultz Architects, on behalf of the owner, stated that he had reviewed the draft resolution and agrees with all of the required conditions. There were no public comments. The Zoning Administrator opened the public hearing. Seeing that no one from the public wished to comment the public hearing was closed. He approved the project. Action: Approved NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 11/16/2017 Page 4 of 5 ITEM NO. 6 The Crab Cooker Restaurant Minor Use Permit No. UP2016-029 and Coastal Development Permit No. CD2017-069 (PA2016-112) Site Location: 2200 and 2202 Newport Boulevard Council District 1 Ben Zdeba, Associate Planner, provided a brief project description stating that the request was for a coastal development permit and minor use permit to allow the reconstruction and continued operation of an existing nonconforming structure and restaurant use. He indicated the restaurant commenced operation at this location in the 1950s, prior to the establishment of parking requirements. He clarified the Zoning Code allows the replacement of an existing nonconforming building that is involuntarily damaged beyond 75 percent of its replacement cost when the reparation work is pursued within 12 months of the damage and a use permit is obtained. In this case, the adjoining development (Vue Newport) inadvertently damaged the Crab Cooker Restaurant’s foundation while constructing its own foundation. He stated the applicant’s team had diligently been pursuing repair of the damage since it occurred in 2014. The extent of the repair work requires the entire building to be upgraded to current Building Code requirements. Mr. Zdeba described the operation of the restaurant as a continued operation of the existing condition, but stated new floor plan would include a trash enclosure, improved storage areas, and an outdoor dining area. He clarified that the intent was to maintain the existing operational conditions including the hours and State Department of Alcoholic Beverage Control license Type 41. He clarified a staff error noting the closing hour as 10 p.m. whereas the existing restaurant does not close until 11 p.m. The Police Department reviewed the application and had no objection to the 11 p.m. closing hour. Mr. Zdeba stated the applicant requested changes to proposed Condition of Approval Nos. 10, 11 and 12. Condition of Approval No. 10 was recommended to be changed to reflect the later closing hour of 11 p.m. Condition of Approval No. 11 was recommended to be changed to clarify the outdoor dining area shall remain open in nature at all times the restaurant is in operation. Condition of Approval No. 12 was recommended to be changed to allow modified delivery and refuse collection hours consistent with the Zoning Code allowance and given the location is in a mixed-use zoning district. Lastly, he added the proposed project complies with all requirements of Title 21 (Local Coastal Program Implementation Plan). Applicant’s representative, Marice DePasquale, on behalf of the Crab Cooker Restaurant, stated that she had reviewed the draft resolution and agrees with all of the required conditions. She stated the proposed design maintains some of the unique design elements that keep the charming look to the new building. Zoning Administrator Alford stated the building was once the Bank of Italy and subsequently the Bank of America building. He questioned whether there would be any of the moldings that represented the old bank logo on the new building. Ms. DePasquale expressed there was a possibility and noted the design team is doing its best to maintain the character of the existing older building. The Zoning Administrator opened the public hearing. Jim Mosher stated the incorrect closing hour was noted elsewhere in the Resolution and suggested Condition of Approval No. 12 be changed from “may” to “will” with respect to a request for deliveries and refuse collection outside of the designated hours. He also expressed concern that an outdoor dining area is being added without additional parking and that the outdoor dining area does not appear to actually be outdoor based on his review of the elevation. There were no other public comments. Mr. Zdeba acknowledged the changes to the incorrect hours throughout the Resolution as well as the suggested change to Condition of Approval No. 12. He stated there is no clear definition for an outdoor dining area, but that it is an area that is generally open in nature and does not have an all-weather enclosure. He clarified the proposed design will not have windows. In relation to the parking requirement, Mr. Zdeba stated the Zoning Code allows up to 25 percent of the interior net public area to be added as outdoor dining area NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 11/16/2017 Page 5 of 5 without any additional parking required. He added that the intent of this was to allow an additional opportunity for patrons of the restaurant to be seated outdoors and enjoy the open air environment. There would infrequently be occasions where both the outdoor dining and the interior dining areas are at capacity at the same time. Ms. DePasquale and the designer, Steve Hopkins, commented on the design of the outdoor dining area noting the low-height wall with a band of glass above to help prevent passing of alcoholic beverages. They stated the outdoor dining area would not be enclosed. Zoning Administrator Alford reinforced the intent of the allowance for outdoor dining areas without additional parking as required by the Zoning Code. He confirmed staff felt the proposed Conditions of Approval were adequate in relation to reviewing the design of the outdoor dining area to ensure it is open in nature. He agreed with the recommended changes and approved the project. Action: Approved E. PUBLIC COMMENTS ON NON-AGENDA ITEMS Jim Mosher commented on the four coastal development permits for new residences at the meeting. He noted that the proposed building plans for each residence reach the maximum height allowed of 29 feet. Mr. Mosher continued that if every new home in the city were built to this maximum, although the property owners have the right to do so, the character of the City could change. Mr. Mosher closed by saying the community has concerns about this potential change in the City’s character. The Zoning Administrator responded that each project is reviewed for consistency with the Coastal Act, as implemented through the City’s Local Coastal Program. On an individual basis, projects are reviewed to ensure there are no significant impacts to coastal views or the overall visual quality of t he Coastal Zone. F. ADJOURNMENT The hearing was adjourned at 4:08 p.m. The agenda for the Zoning Administrator Hearing was posted on November 9, 2017, at 10:54 a.m. in the Chambers binder and on the digital display board located inside the vestibule o f the Council Chambers at 100 Civic Center Drive and on the City’s website on November 9, 2017, at 11:07 a.m. Patrick J. Alford, Zoning Administrator