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HomeMy WebLinkAbout01_04-26-2018_ZA_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, April 26, 2018 REGULAR MEETING 3:30 p.m. CALL TO ORDER — The meeting was called to order at 3:30 p.m. Staff Present: Patrick J. Alford, Zoning Administrator Gregg Ramirez, Principal Planner Benjamin Zdeba, Associate Planner Makana Nova, Associate Planner Chelsea Crager, Associate Planner Melinda Whelan, Assistant Planner David Lee, Planning Technician Liane Schuller, Contract Planner it. REQUEST FOR CONTINUANCES 04/26/2018 The Zoning Administrator reported that staff requested Item Number 7, Gladstone -Lamas Residence (PA2018-021) be removed from calendar and re -noticed for the May 10, 2018 Zoning Administrator Hearing due to a slight increase in the square -footage of the addition requested. III. APPROVAL OF MINUTES ITEM NO. 1 Minutes of April 12, 2018 Action: Approved IV. PUBLIC HEARING ITEMS ITEM NO. 2 Fashion Island Hotel Sign Program No. CS2018-001 and Modification Permit MD2018-001 (PA2018-029) Site Location: 690 Newport Center Drive Council District 5 Makana Nova, Associate Planner, provided a brief project description stating that the application request is for a comprehensive sign program amendment and modification permit associated with the rebranding of the Fashion Island Hotel. Ms. Nova explained that two signs would be replaced, a monument sign (Sign Type A) and the porte cochere sign (Sign Type C). The monument sign requires a modification permit and includes a request to increase the maximum allowed height from 5 feet 2.4 inches up to 10 feet. An increase in maximum area is not requested because the proposed 112 -square -foot monument sign will not exceed the 250 -square -foot maximum authorized under the current sign program. The monument sign is designed to match the architectural style in Newport Center and will include the rebranded hotel name as well as identify the two restaurants on-site. The proposed monument sign has been reviewed by the Public Works Department for compliance with sight distance requirements and an address has been added to the new monument sign for site identification at the request of the Life Safety Division. The porte cochere sign (Sign Type C) replacement was part of the applicant's original submittal but a discrepancy arose at the April 26, 2018, Zoning Administrator hearing as to weather a sign program amendment or modification permit request was necessary for this new sign height. This sign will be replaced with the rebranded hotel name and staff, together with the applicant, have clarified that the new letter/logo height is 28 inches and is in substantial conformance with the existing sign program standards. Therefore, a new public notice was not necessary for the porte cochere sign. Page 1 of 7 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 04/26/2018 Applicant Shawna Schaffner, CAA Planning, on behalf of the Irvine Company, stated that she had reviewed the draft resolution and agrees with all of the required conditions. Ms. Schaffner explained the applicant's request to modify the monument sign from a long and low design to a taller style that can accommodate a taller font and is architecturally compatible with other signage in the Newport Center area. She explained that the higher sign height and modified dimensions would also provide a larger usable surface area for the monument sign. The Zoning Administrator showed Ms. Schaffner a street view photo of the existing monument sign and inquired about the intended purpose for the new monument sign. He inquired if the request for additional height is to accommodate taller lettering and to identify the restaurant uses. Ms. Schaffner confirmed this and added that the existing low, long monument sign design is not currently in keeping with other monument signs in the Newport Center area. Ms. Schaffner also confirmed the Zoning Administrator's statement that the new monument sign is intended to enhance the overall development, to be in harmony with, and relate visually to other signs in the area. The Zoning Administrator then confirmed with the applicant that the proposed sign standards can accommodate future tenants. Ms. Schaffner agreed and added that the taller usable monument sign area will provide for greater flexibility in the future without the need to amend the sign program. 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 approved the application as requested. Action: Approved ITEM NO.3 Chamma Residence Coastal Development Permit No. CD2018-016 (PA2018-037) Site Location: 1820 West Balboa Boulevard Council District 1 Liane Schuller, Contract Planner, provided a brief project description stating that the applicant is requesting approval of a coastal development permit to demolish two existing single-family residences and a two -car garage, and to construct new three-story, 3,554 square -foot single-family residence and attached two -car garage. The site is approximately 2,473 square feet in size, located on the Balboa Peninsula. The proposed residence is consistent with all applicable zoning code standards, including parking, height, setbacks and floor area restrictions. The project site is an inland lot that does not currently provide nor inhibit public coastal access. Lateral coastal access is provided by public beach along the bay front, approximately 250 feet from the project site. Vertical access is provided at multiple street ends throughout the peninsula, with the nearest vertical access points located approximately 135 feet west at 19th Street, and 250 feet east at the Marina Park Community Center. The project complies with all applicable LCP development standards and maintains a building envelope consistent with the zoning of the site and the pattern of neighborhood development. The project will therefore not degrade the visual quality of the Coastal Zone or result in adverse impacts to public views. Condition No. 10 references a CPPP plan, which is not required for the proposed project. Staff proposes to replace that condition with revised language, requiring Building Division approval of a final construction erosion control plan. The proposed change has been discussed with the applicant, who is agreeable to that condition, and has been distributed here this afternoon as additional materials for public review. Property owner Omar Chamma stated that he had reviewed the draft resolution and agrees with all of the required conditions. Page 2 of 7 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 04/26/2018 The Zoning Administrator opened the public hearing. One member of the public, Jim Mosher, shared his thoughts regarding the evaluation and general appearance of new projects designed to current development standards, which may be different from existing older, surrounding development. Seeing that no one else from the public wished to comment, the public hearing was closed Action: Approved ITEM NO.4 Thon Residence Coastal Development Permit No. CD2018-015 (PA2018-036) Site Location: 109 26th Street Council District 1 Liane Schuller, Contract Planner, provided a brief project description stating that the applicant is requesting approval of a coastal development permit to demolish existing single-family residence and construct a new three-story, 1,903 square -foot single-family residence with attached two -car garage. The site is an approximately 1,750 square -foot lot on the Balboa Peninsula, and the proposed residence is consistent with all applicable zoning code standards, including parking, height, setbacks and floor area restrictions. The project site is an inland lot, located approximately 400 feet from the mean high tide line, and neither provides nor inhibits public coastal access. Lateral coastal access is provided nearby along the Ocean Front walkway and adjacent public beach located approximately 120 feet from the project site. Vertical access points are provided at street -ends throughout the neighborhood, including 26" Street. The project complies with all applicable LCP development standards and maintains a building envelope consistent with the zoning of the site and the pattern of neighborhood development. The project will therefore not degrade the visual quality of the Coastal Zone or result in adverse impacts to public views. Condition #10 references a CPPP plan, which is not required for the proposed project. Staff proposes to replace that condition with revised language, requiring Building Division approval of a final construction erosion control plan. The proposed change has been shared with the applicant, who is agreeable to that condition, and has been distributed here this afternoon as additional materials for public review. Architect John Morgan, on behalf of the property owner Carl Then, stated that they 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. 5 Engstrom Residence Coastal Development Permit No. CD2017-111 (PA2017-262) Site Location: 115 29th Street Council District 1 David Lee, Planning Technician, provided a brief project description stating that the request is for approval of a coastal development permit for the demolition of an existing single-family residence, and the construction of a new 2,853 -square -foot duplex with an attached 374 -square -foot, two -car garage and two -car carport. The proposed development is consistent with the zoning code standards, including parking, height, setbacks and floor area. The project is set back approximately 460 feet from the water, and therefore, does not require a water quality management plan. The project is located on the Balboa Peninsula between the nearest public road and the sea or shoreline, but is designed not to impact public access opportunities and public views. Page 3 of 7 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 04/26/2018 The applicant, Felipe Contreras, was not present, but had communicated before the hearing 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. 6 Bast Residence Coastal Development Permit No. CD2018-009 (PA2018-023) Site Location: 1721 East Balboa Boulevard Council District 1 Gregg Ramirez, Principal Planner, provided a brief project description stating that the request was for approval of Coastal Development Permit to allow the construction of new 3,634 -square -foot, 3 -story single- family home and attached two -car garage. The project also includes hardscape and drainage. He stated the proposed residence complies with all applicable development standards including height, setbacks, and floor area limit. He indicated that the property is currently vacant and that it and the adjacent legal lot at 1717 East Balboa Boulevard were previously developed with a single family home across both lots that has been demolished as allowed by a previously approved CDP. He recommended that the Zoning Administrator find the project exempt from CEQA under Class 3 and that the draft resolution, including findings for approval and conditions of approval, be adopted. Applicant William Guidero, 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. 7 Gladstone -Lamas Residence Coastal Development Permit No. CD2018-008 and Modification Permit No. MD2018-003 (PA2018-021) Site Location: 1100 West Balboa Boulevard Council District 1 This item was removed from the calendar to be re -noticed for the May 10, 2018, Zoning Administrator hearing. Action: Removed from Calendar ITEM NO.8 Howell Mountain Vineyard, LLC Minor Use Permit No. UP2018-003 (PA2018-038) Site Location: 201 Shipyard Way, Suite 3 Council District 1 Melinda Whelan, Assistant Planner, provided a brief project description stating that the project was a minor use permit to establish a 272 -square -foot retail store specializing in wine (Alcohol Sales, Off -Sale) and an accessory 92 -square -foot wine tasting area with 9 seats. No late hours (after 11:00 p.m.) are proposed as part of this application. The subject property is on the Lido Peninsula and is within an existing commercial/office node called The Rhine. The Rhine includes four office buildings, a restaurant, boat storage, docks and marine support services with a large shared parking lot. This area of the Lido Peninsula is within the Lido Peninsula Planned Community (PC -6). The retail store with accessory wine tasting meets the intent of the Recreational Marine Commercial General Plan and Zoning designation. Pursuant to Local Coastal Program Section 21.26.065.A.1.(a) land uses allowed within the CM Coastal Zoning District are allowed within the PC6 Coastal Zoning District. Retail uses are an allowed use within the CM Coastal Zoning District. Page 4 of 7 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 04/26/2018 The Zoning Administrator opened the public hearing. Seeing that no one from the public wished to comment the public hearing was closed. The project does not meet the definition of "development' pursuant to NBMC Section 21.70.020 because the project would not result in any improvement to the structure that results in changes in floor area, parking demand, or change the general level of activity within The Rhine. Therefore, the project is exempt from a coastal development permit. The existing shared parking lot provides 193 parking spaces for all of the uses including a surplus of 45 parking spaces. There is no intensification of use and no additional parking is required. All on-site consumption of wine products will be regulated by the Operator's Type 02 (Winegrowers) Alcoholic Beverage Control (ABC) license as well as the conditions of approval. Pursuant to the Type 02 ABC License, pours are limited to the wines produced by the winegrower and limited to two (2) ounces. The hours of operation for the retail store and related, accessory wine tasting are limited from 7 a.m. to 10 p.m., daily. The Police Department has reviewed the application and has provided standard conditions of approval that included in the resolution and have no objections to the proposed operation. Applicant JR Walz, architect representing Anthony Curci, 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 made the following changes to the resolution: (1) Change the last sentence in Section 1. Statement of Facts. No. 5 to state "Therefore, the project is not subject to the permit requirements of the certified Local Coastal Program.", and (2) add a fact in support of Finding A to state "The proposed project will not interfere or otherwise impact existing coastal -dependent uses in the vicinity." Action: Approved ITEM NO.9 Pandor Bakery Minor Use Permit Amendment No. UP2018-004 (PA2018-045) Site Location: 1126 Irvine Avenue Council District 3 Chelsea Crager, Associate Planner, provided a brief project description stating that the project was a minor use permit amendment to add a Type 41, On -Sale Beer and Wine, alcoholic beverage control license to an existing food service, eating and drinking establishment, Pandor Bakery. The existing and proposed net public area is 804 square feet with seating for up to 30 customers. There is not proposed change to gross floor area or net public area and there is no additional parking required as a part of the application. The hours of operation are not proposed to change and are 7 a.m. to 11 p.m., daily. Pandor Bakery has been operating since 2012 pursuant to a previously approved minor use permit. The Newport Beach Police Department has reviewed the application, is not opposed, and has provided recommended conditions of approval which are included in the draft resolution. Applicant Tiffany Sepetjian of Pandor Bakery, stated that she 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. 10 Annual Review of Development Agreement for North Newport Center DA2007-002 (PA2009-023) Site Location: Fashion Island; Block 100, Block 400, Block 500, Block 600, and Block 800 of Newport Center Drive; and San Joaquin Plaza Council District 5 Page 5 of 7 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 04/26/2018 Benjamin Zdeba, Associate Planner, stated the item was an annual review of Irvine Company's compliance with the terms of the Development Agreement for the North Newport Center Planned Community, which includes Fashion Island, Blocks 100, 400, 500 600 and 800 of Newport Center Drive, as well as San Joaquin Plaza. He noted that the Development Agreement was adopted in 2007 and runs for 25 years, such that the expiration year is 2032. Each year, an annual report is submitted to document the completed development and public benefit activities. He stated that there were no notable development activities completed in the review period of January 2017 to December 2017. Shawna Schaffner of CAA Planning, Inc., on behalf of Irvine Company, the property owner, expressed appreciation for staff's review of the annual report. She also added that Irvine Company had made significant progress with its Affordable Housing Implementation Plan (AHIP) in 2017, due to the Villas Fashion Island project being completed. The Zoning Administrator opened the public hearing. One member of the public, Jim Mosher, resident, spoke and stated that there was an apparent error in the staff report with the entitlement remaining in the Fashion Island subarea related to theater seats. He also expressed difficulty with being able to track how the existing entitlement numbers came to be, as they are difficult to match with the General Plan development limit tables. There were no other public comments. Associate Planner Zdeba agreed there was an error in the staff report in that the remaining theater seat entitlement was shown as 680 when it should have reflected 0 or no remaining entitlement for theater seats. He did not comment on the General Plan tables, as it was not related to the item before the Zoning Administrator. The owner's representative, Shawna Schaffner, thanked Mr. Mosher for his catch of the error in the staff report and expressed agreement that it is difficult to track development using the General Plan tables. She noted awareness of a current effort by staff to create more user-friendly tracking tables that are commensurate with the General Plan development limits. The Zoning Administrator determined Irvine Company to be in good faith compliance with the terms of the Development Agreement for the calendar -year 2017. Action: Receive and File I all .1410019] ori l Jtl :1 11164911! 1 RN] 01 I!_CH:0U7_11 I :I LI, One member of the public, Jim Mosher, commented on consistency throughout the Zoning Administrator staff reports. More specifically, some staff report included certain development standards to support the findings, while others did not. One staff report at the meeting that included a third -story did not have the third floor limitation standard in the table. The Zoning Administrator agreed the staff report could have benefited by including that standard in the table, but assured Mr. Mosher that the development standards of the project comply with the Zoning Code and that staff would verify. NOTE: It was determined after the meeting that the development standard Mr. Mosher referred was not applicable to the subject property because the R-2 lot has a width that did not exceed 25 feet. F. ADJOURNMENT Page 6 of 7 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES The hearing was adjourned at 4:16 p.m. 04/26/2018 The agenda for the Zoning Administrator Hearing was posted on April 20, 2018, at 4:20 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 20, 2018, at 4 p.m. Patrick J. Alford, Zoning Administrator Page 7 of 7