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HomeMy WebLinkAbout12-14-2017_ZA_MinutesNEWPORT BEACH ZONING ADMINISTRATOR MINUTES 12/14/2017 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, December 14, 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 Rosalinh Ung, Associate Ung Benjamin Zdeba, Associate Planner Liz Westmoreland, Assistant Planner Melinda Whelan, Assistant Planner II. REQUEST FOR CONTINUANCES None. III. MINUTES of November 30, 2017 Action: Approved IV. PUBLIC HEARING ITEMS ITEM NO. 1 2772 Bay Shore Drive Coastal Development Permit No. CD2017-005 (PA2017-019) Site Location: 2772 Bay Shore Drive Council District 3 Liz Westmoreland, Assistant Planner, provided a brief project description stating that the application is for a coastal development permit to demolish an existing single family residence and construct a new single-family residence with a garage and indoor pool. The project conforms to applicable development requirements such as setbacks, height, etc. The project includes repair and reinforcement of the existing bulkhead including replacement of tieback and deadmen. A Coastal Hazard and Sea Level Rise Analysis was conducted and concluded that the project is reasonably safe from coastal hazards. The finished floor elevation of the proposed dwelling is 12.8 (NAVD88), which complies with the standard. The project would not impede public access or views and staff recommended approval of CD2017-005 based on the findings and conditions contained within the resolution. Applicant Ian Harrison Architect, 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 staff to clarify the point of grade measurement - i.e., mean sea level or NAVD 88 - and methodology to assess the impacts of sea level rise. There were no other public comments. The Zoning Administrator closed the public hearing. Staff responded that NAVD 88 is used for grade measurement and provided clarification regarding sea level rise assumptions and methodology. Ms. Westmoreland stated that although lowest current projection for sea level rise was utilized, the bulkhead will be able to accommodate additional height in the future without further bayward encroachment should additional protection be required. Action: Approved NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 12/14/2017 Page 2 of 5 ITEM NO. 2 The Fox Residence Coastal Development Permit No. CD2017-067 (PA2017-160) Site Location: 1120 West Ocean Front Council District 1 Rosalinh Ung, Associate Planner, provided a brief project description stating that the applicant is proposing a coastal development permit to allow demolition of an existing two-story single-family residence and construction of a new 3-story single-family residence of 4,524 square feet in size. The subject property is zoned R-1 and the new residence complies with development standards including building height, setbacks, parking and floor area limits. No deviations are requested. A Coastal Hazard and Sea Level Rise Analysis was prepared for the project and concludes that hazards are not anticipated to adversely impact the life of the development. The property is not located within 100 feet of coastal waters. The project design addresses water quality through a construction erosion control plan and a post construction drainage system. This Coastal Development Permit 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 recommends approval of CD2017-067. Applicant Ron Ritner of Ritner Group, Inc., on behalf of the property 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 staff to clarify on the point of grade measurement - i.e. mean sea level or NAVD 88 - and identify the future impact of sea level rise. Staff responded that NAVD 88 is used for grade measurement and provided clarification for the sea level rise impact in accordance with the Coastal Hazard and Sea Level Rise Analysis. There were no other public comments. The Zoning Administrator closed the public hearing. Action: Approved ITEM NO. 3 2038 East Ocean Front Coastal Development Permit No. CD2017-046 (PA2017-103) Site Location: 2038 East Ocean Front Council District 1 Melinda Whelan, Assistant Planner, provided a brief project description stating that the applicant is proposing a coastal development permit to allow demolition of an existing single-family residence and attached garage and the construction of a new single-family development with a detached garage. The development complies with all development standards and no deviations are requested. The subject property fronts the Pacific Ocean on a large public beach with no bulkhead. The project complies with the minimum 9.00 feet NAVD88 finished floor elevation. The Coastal Hazards Report concluded that it is very unlikely any wave will reach the site and there will be no beach erosion due to the wide public beach, and that hazards are not anticipated to adversely impact the life of the development. The project is conditioned to record a waiver of future protection. Water quality has been addressed by a Construction Pollution Prevention Plan (CPPP) and a Water Quality and Hydrology Plan (WQHP) which were reviewed and approved by the City’s Geologist. The project does not impact public viewpoints or coastal roads. Corrections to the datum shall be noted on handwritten Page 8 under Facts in Support of Finding No. 3 under Fact A. +17 MSL (NAVD88) shall read +17 feet (NAVD88) and 9.00 MSL (NAVD88) shall read 9.00 feet (NAVD88). Applicant Mark Becker, stated that he had reviewed the draft resolution and agrees with all of the required conditions. The Zoning Administrator confirmed that there are no public encroachments included in this application. The Zoning Administrator opened the public hearing. NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 12/14/2017 Page 3 of 5 Paul Lopez, resident had questions on deviation from the Building Code, property ownership, and concern with construction vehicles blocking access to his garage across the alley Jim Mosher, resident, commented on the inconsistency of the sea level rise elevations that had been presented with each project today. Staff responded Mr. Lopez’s questions stating that the project will comply with the Building Code with no deviations, Mark Becker is the applicant representing the owner, and construction vehicles are not allowed to obstruct access. Staff responded to Mr. Mosher’s question and explained that the sea level rise is a different analysis depending on what part of the City or waterfront it is fronting which could be a different shape of sand, slope, etc. The Zoning Administrator added that it is site specific for the Coastal Hazard Report. The Zoning Administrator reopened the public hearing and the applicant confirmed that he represents the current owner. With the corrections to the datum, the Zoning Administrator approved the item. Action: Approved ITEM NO. 4 3803 Marcus Avenue Coastal Development Permit No. CD2017-079 (PA2017-185) Site Location: 3803 Marcus Avenue Council District 1 Melinda Whelan, Assistant Planner, provided a brief project description stating that this is a request for a coastal development permit to demolish an existing duplex and the construction of a new 3- story, single- family dwelling and attached garage. The project includes the repair and reinforcement of the existing bulkhead. The project complies with all development standards. No development is proposed bayward of existing development. The repair and reinforcement of the exiting bulkhead will increase the bulkhead to 10 feet MLLW (9.82 feet NAVD88). The Coastal Hazards Report concluded, with the reinforced bulkhead, it is unlikely flooding, wave run-up, or erosion will significantly impact this property over the life of the development. The reinforced bulkhead assembly allows an increase in height without further bayward encroachment if the sea level rise exceeds the projections in the Coastal Hazards report. The finished floor of the proposed development meets the minimum requirement of 9.00 feet (NAVD88) and also includes water proofing. The project is conditioned for the owner to record a waiver of future protection. A geotechnical investigation was provided and water quality was addressed through the Water Quality and Hydrology Plan (WQHP) and the erosion control plan. The WQHP was reviewed and approved by the City’s Geologist. The project does not impact public access, public views, or coastal roads and staff recommends approval to the Zoning Administrator. The applicant was not present but staff confirmed that they had reviewed the draft resolution and agree with all of the required conditions. The Zoning Administrator asked Staff to confirm if corrections were needed for the datum. The Zoning Administrator opened the public hearing. One member of the public, Jim Mosher, spoke and stated that Fact No. 3 under Finding A. in the Resolution should correct 9.00 MSL (NAVD88) to 9.00 feet (NAVD88). Mr. Mosher also questioned the inconsistent levels of the bay that are referenced in Finding No. 4 in the Resolution and in the Staff Report. Staff responded that the bay level elevation in the Resolution is the most common/consistent maximum bay level and the bay level in the Staff Report is the highest high tide. Both are from the Coastal Hazards Report. With the corrections to the datum, the Zoning Administrator approved the item. Action: Approved NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 12/14/2017 Page 4 of 5 ITEM NO. 5 Davis Residence Coastal Development Permit No. CD2017-035 (PA2017-085) Site Location: 88 Linda Isle Council District 5 Benjamin Zdeba, Associate Planner, provided a brief project description stating that this is a request for a coastal development permit to demolish an existing single-family residence and the construction of a new two-story, single-family residence. The project does not include the repair and reinforcement of the existing bulkhead, as its condition was reviewed and deemed to be in generally good condition at this time. The project complies with all development standards. No development is proposed bayward of existing development. The finished floor of the proposed development exceeds the minimum requirement of 9.00 feet (NAVD88) and also includes water proofing up to two additional feet. A geotechnical investigation was provided and water quality was addressed through the Water Quality and Hydrology Plan (WQHP)and the erosion control plan. The WQHP was reviewed and approved by the City’s Geologist. He added that the project site is within Linda Isle, a private gated community, which does not provide public access currently. Mr. Zdeba recommended adding an additional fact in support of Finding B on handwritten page 10 of the Resolution. The Zoning Administrator elaborated on the need for the additional fact. The applicant’s representative, Al Saito, was present and confirmed 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 in reference to a discrepancy with the “current maximum” sea level in the Coastal Development Permits for consideration at this hearing. He also expressed concern regarding the safety of the proposed structure due to the draft Resolution indicating the water levels would exceed the top of bulkhead approximately 75 years from now. Mr. Zdeba responded that the bay level elevation in the Resolution is the most common/consistent maximum bay level and was pulled from the Coastal Hazards Report submitted with the application. He also added that the structure and project site were studied by a qualified professional who concluded it would be safe for the 75-year economic life. The Zoning Administrator clarified that the development could need additional armoring in 75 years, and that the repair or replacement of the existing bulkhead would require a new coastal development permit. He added that raising the bulkhead at this single property would not be adequate, as the entire bulkhead system for Linda Isle would need to be addressed in unison to be effective. With the recommended additional fact added to Finding B, the Zoning Administrator approved the item. Action: Approved ITEM NO. 6 Proznik Residence Coastal Development Permit No. CD2017-092 (PA2017-209) Site Location: 208 Via Lido Nord Council District 1 Benjamin Zdeba, Associate Planner, provided a brief project description stating that this is a request for a Coastal Development Permit to demolish an existing single-family residence and the construction of a new two-story, single-family residence. The project does not include the repair and reinforcement of the existing bulkhead, as its condition was reviewed and deemed to be in generally good condition at this time. The project complies with all development standards. No development is proposed bayward of existing development. The finished floor of the proposed development exceeds the minimum requirement of 9.00 feet (NAVD88). A geotechnical investigation was provided and water quality was addressed through the WQHP and the erosion control plan. The WQHP was reviewed and approved by the City’s Geologist. The project site is located between the nearest public road and the water, but will have no hindrance on public access nor will it negatively affect any adjacent public views. NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 12/14/2017 Page 5 of 5 The applicant was not present but staff confirmed that they had reviewed the draft resolution and agrees with all of the required conditions. One member of the public, Jim Mosher, commented on the adequacy of the existing bulkhead height and expressed concerns regarding using the lowest estimate for sea level rise over the next 75 years. The Zoning Administrator requested clarification as to whether Mr. Mosher was advocating for the City to use the highest estimate for sea level rise. He noted the inherent variability of using models to project future sea level rise. Lastly, he confirmed with staff that using the lowest estimate is consistent with current City policy. Action: Approved E. PUBLIC COMMENTS ON NON-AGENDA ITEMS One member of the public, Jim Mosher, noted that the City’s Municipal Operations Department indicates the actual water levels are often inches to feet higher than the tidal predictions when it comes to flooding on Balboa Island. He also discussed variability in sea level rise predictions F. ADJOURNMENT The hearing was adjourned at 4:28 p.m. The agenda for the Zoning Administrator Hearing was posted on December 8, 2017, at 9:40 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 December 8, 2017, at 9:36 a.m. Patrick Alford, Zoning Administrator