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HomeMy WebLinkAbout01_08-23-2018_ZA_MinutesNEWPORT BEACH ZONING ADMINISTRATOR MINUTES 08/23/2018 Page 1 of 3 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 Civic Center Drive, Newport Beach Corona del Mar Conference Room (Bay E-1st Floor) Thursday, August 23, 2018 REGULAR MEETING 3:00 p.m. I. CALL TO ORDER – The meeting was called to order at 3:00 p.m. Staff Present: Patrick J. Alford, Zoning Administrator Jaime Murillo, Senior Planner Makana Nova, Associate Planner II. REQUEST FOR CONTINUANCES None. III. APPROVAL OF MINUTES ITEM NO. 1 Minutes of August 9, 2018 Action: Approved IV. PUBLIC HEARING ITEMS ITEM NO. 2 Ritner Group Lot Line Adjustment No. LA2018-001 (PA2018-026) Site Location: 1604 and 1610 South Bay Front Council District 5 Makana Nova, Associate Planner, provided a brief project description on behalf of project planner, Chelsea Crager, explaining that the applicant requests a lot line adjustment of the interior lot line between two residential parcels located on Balboa Island. The request is to move the dividing lot line 10 feet to the west and widen the lot at 1610 South Bay Front by 850 square feet. The resulting lot width at 1610 South Bay Front is considered nonconforming; however, the resulting lot width is less nonconforming than its current width. Ms. Nova stated that staff has reviewed the lot line adjustment and determined that it does not require a Coastal Development Permit since the project is not classified as “development” as defined in the Zoning Code and Local Coastal Program, the project does not result in additional parcels, and there is no change in land use, density, or intensity. Applicant Ron Ritner of Ritner Group, Inc., Architect, on behalf of the property owner, Barbara Grimm Marshall, stated that he had reviewed the draft resolution and agrees with all of the required conditions. The Zoning Administrator opened the public hearing. Bob Baker, a resident of 110 Crystal Avenue, inquired as to why the lot line adjustment was necessary and stated his opposition to the “McMansioning” of Little Balboa Island. One additional member of the public, Jim Mosher, spoke and cited a California Supreme Court decision, stating his opinion that the proposed project is considered a subdivision and therefore requires a coastal development permit. Mr. Mosher went on to suggest that the Coastal Development Permit for the development of the homes should be processed concurrently with the Lot Line Adjustment application, to avoid piecemealing under CEQA. Ms. Nova responded to Mr. Baker’s inquiry, showing him an aerial view of the applicant’s request and explaining that the lot line adjustment would instead decrease the size of the larger lot, bringing the two properties closer in size. There would be no change in the overall project area. NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 08/23/2018 Page 2 of 3 Mr. Baker responded, stating his belief that there were three legal lots on this site and reiterating his concern regarding the “McMansioning” of the Little Island. Mr. Baker went on to explain that he was prepared to go on to oppose this project in court. The Zoning Administrator inquired if the project is defined as a subdivision. Ms. Nova explained that while the project is considered a “subdivision”, City staff has determined the lot line adjustment application does not result in a change in land use, density, or intensity, and thus is not considered “development” requiring a coastal development permit. Ms. Nova went on to address Mr. Mosher’s second inquiry and explained that the applicant has submitted an application for a new coastal development permit located at 1604 South Bay Front. The scope of work for new homes on the site require their own coastal development permit applications. These applications were not processed concurrently since the new lot lines must be recorded before permits for the development of the new homes can be authorized. In this case, staff did not see an issue with processing one project before the other. There were no other public comments. Action: Approved ITEM NO. 3 Contreras Residence Coastal Development Permit No. CD2018-012 (PA2018-031) Site Location: 440 Harbor Island Drive Council District 5 Jaime Murillo, Senior Planner, provided a brief project description explaining the application as a coastal development permit to allow the demolition of an existing single-family residence and construction of a 5,162- square-foot, single-family residence with a 702-square-foot three-car garage that complies with all applicable development standards. The project also includes the repair and reinforcement of the existing bulkhead to support the cantilevered deck that includes a concrete curb with a height of 9.82 feet NAVD88 (10.0 feet MLLW), compliant with the City’s Harbor Design Criteria standard. The replacement cantilevered concrete deck has been designed in compliance with patio deck standards of Municipal Code; however, the projection beyond the existing bulkhead, including protective concrete curb, falls under permit jurisdiction of the California Coastal Commission. Therefore, a condition of approval has been included requiring the application to apply for and obtain approval of the coastal development permit from the California Coastal Commission prior to the issuance of a building permit. Lastly, the site is located near a public viewpoint, but site evaluation revealed that the proposed three-story design is consistent with the existing neighborhood pattern of development and will not affect the existing views afforded from the small viewing area. Applicant Brett Coombs, 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 stated that there may be confusion related to the permitting jurisdiction of bulkheads based on a July California Coastal Commission report. There were no other public comments. The Zoning Administrator commented that he is in communication with the Mapping Unit of the California Coastal Commission. The report mentioned by Mr. Mosher was related to a project involving State Tidelands. The City has approved a number of coastal development permits involving bulkheads, with notice of final action provided to the Coastal Commission and there has been no challenges. In response to a question by the Zoning Administrator, Mr. Murillo clarified that Condition No. 8 requiring Coastal Commission approval only applies if they seek approval of a new cantilevered deck and does not apply to repair and maintenance. NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 08/23/2018 Page 3 of 3 Action: Approved ITEM NO. 4 Blue Bottle Coffee Minor Use Permit No. UP2018-009 (PA2018-158) Site Location: 3366 Via Lido Council District 1 Makana Nova, Associate Planner, provided a project description stating that this is a request for a coffee shop within an existing office building. The coffee shop would be classified as a take-out service, limited, land use and would be located within the bottom floor of the office building, occupying 1,372 square feet of gross floor area. The coffee shop would include 502 square feet of net public area with a maximum of six seats and no alcohol service as required by the definition for a take-out service, limited land use. The proposed hours of operation are from 7:00 a.m. to 7:00 p.m., daily. However, staff is suggesting some flexibility to allow hours of operation until 10:00 p.m., daily. The property is designated for Mixed-Use Water Related land use in the General Plan, Coastal Land Use Plan, and Zoning Code and the proposed coffee shop is consistent with this land use designation. Ms. Nova went on to explain that the take-out service limited land use has a parking requirement rate that is consistent with the existing office use at one parking space per 250 square feet. Therefore, the proposed coffee shop is not considered an intensification of land use and a traffic study and coastal development permit are not required at this time. If the applicant chooses to expand the coffee shop at some point in the future, a conditional use permit, coastal development permit, and traffic study may be required at that time to accommodate the increase in land use intensity. Ms. Nova explained some of the project specific draft conditions of approval, including a requirement for a flooring material to differentiate publically accessible areas for the coffee shop versus employee only office areas. The Zoning Administrator inquired if there are any other improvements proposed to the building. Ms. Nova explained that the existing office building is currently undergoing a shell renovation and interior tenant improvements to accommodate a new office tenant. While the building was originally designed by noted architect Weneceslaus Sarmiento, as part of the Balboa Savings Bank, the building has undergone significant alterations and is not listed on the City’s historic resources inventory. The applicant has submitted a written narrative and photos documenting the history of the site for the project file. Applicant, Jennifer Walton of Hendy Associates, architect and representative on behalf of Blue Bottle Coffee, 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 E. PUBLIC COMMENTS ON NON-AGENDA ITEMS None. F. ADJOURNMENT The hearing was adjourned at 3:25 p.m. The agenda for the Zoning Administrator Hearing was posted on August 17, 2018, at 2:03 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 17, 2018, at 1:54 p.m. Patrick J. Alford, Zoning Administrator