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HomeMy WebLinkAbout01_03-28-2019_ZA_Minutes - DRAFTNEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH CORONA DEL MAR CONFERENCE ROOM (BAY E -1ST FLOOR) THURSDAY, MARCH 28, 2019 REGULAR MEETING — 3:00 P.M. CALL TO ORDER — The meeting was called to order at 3:00 p.m. Staff Present: Patrick J. Alford, Zoning Administrator Benjamin Zdeba, Associate Planner David Lee, Assistant Planner Liz Westmoreland, Assistant Planner Joselyn Perez, Planning Technician REQUEST FOR CONTINUANCES The Zoning Administrator reported that staff requested Item No. 3 be removed from the calendar. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF MARCH 14, 2019 Action: Approved IV. PUBLIC HEARING ITEMS At the request of the applicant the Zoning Administrator announced that Item No.4 be heard last. ITEM NO. 2 Sushi Ii Minor Use Permit No. UP2018-026 (PA2018-273) Site Location: 100 West Coast Highway, Suite 202 Council District 3 Liz Westmoreland, Assistant Planner, provided a brief project description stating that the project is for a minor use permit to allow the approval of a full service restaurant, noting Police Department special conditions. Ms. Westmoreland also noted that the commercial building was constructed to accommodate several different uses, and provided a parking structure to accommodate full build out. However, the actual uses that filled out the tenant spaces resulted in a lower parking demand than originally planned for. Additionally, staff would like to add an additional fact in support of Finding C to further demonstrate why the rate of 1 space per 50 square feet of net public area is appropriate for this restaurant. Section 20.40.060 Parking Requirements for Food Service Uses provides considerations or factors to weigh when determining the appropriate parking requirement. Ms. Westmoreland read the text of the additional fact.. The Zoning Administrator stated that under some circumstances the parking demand for fine dining establishment can actually be higher. He asked if the additional fact in support of finding addresses the issue. Ms. Westmoreland stated that it did. The Zoning Administrator commented that the it is understood that the floor plan is considered part of the operational characteristics of this use and that any further use of the property by the applicant or a successor would have to be in substantial conformance. For example, no use of outdoor dining or no seating in the entryway. He asked staff to elaborate on what background music is. Page 1 of 4 MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 03/28/2019 Ms. Westmoreland stated that the condition is intended to ensure that no noise can be heard from outside the building that would impact the resident above the project. Background music is considered a caveat, to allow them to include some level of music instead of silence inside the restaurant if that is something they would like. Applicant Natsuko Travioli, stated that she had reviewed the draft resolution and agrees with all of the required conditions. She added that the restaurant is standard with standard hours and a liquor license. She understood the floor plan and project description should be in substantial conformance. She described background music as helping to create an environment within the restaurant and that it would be minimal to allow the diners to appreciate the cuisine. The Zoning Administrator opened the public hearing. Hiroki Miyachi, the co -applicant, also clarified that the bar is a sushi bar and not a typical bar. No one else from the public wished to comment, and the public hearing was closed. Action: Approved ITEM NO. 3 The 944 Via Lido Nord Residence Coastal Development Permit No. CD2018-111 (PA2018-279) Site Location: 944 Via Lido Nord Council District 1 Action: Removed from calendar ITEM NO. 5 Beljak Residence Coastal Development Permit No. CD2019-002 (PA2019-005) Site Location: 1713 East Bay Avenue Council District 1 David Lee, Assistant Planner, provided a brief project description stating that the applicant requests a coastal development permit to demolish an existing single-family residence and construct a new single-family residence with an attached two -car garage that complies with all development standards both in the Zoning Code and Coastal Implementation Plan. Mr. Lee stated that the existing gangway and dock have no proposed changes and all improvements within the front yard setback comply with height limitations. The Zoning Administrator confirmed with staff and the applicant that the alteration of the bulkhead can be achieved on the land side of the bulkhead. The Zoning Administrator also asked if the relocation of the garage from J Street to the alley presented any opportunities to create public parking spaces on J Street. Staff stated that because a residence exists on the opposite side of J Street and needs space to back out of the garage, the new curb will be a Fire Lane and not be made available as public parking at this time. Applicant Ryan McDaniel of Brandon 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. One member of the public, Danning Wang, spoke and stated that the construction of the proposed residence will block her private views of the bay and lower the property value of her residence. Young Liu also spoke and stated that his client is upset about the proposed project due to the obstruction of private views and potential disturbances from construction. Jim Mosher spoke and stated that there is a major modification to the bulkhead and that there is uncertainty over who has jurisdiction over the bulkhead. He also stated that regarding public views, the public has an opportunity to view the residence from the Newport Bay. He stated that it would be helpful if staff reports included photographs. He also pointed out an error where the canal was referenced instead of the bay. The Zoning Administrator confirmed with staff that there are City ordinances that regulate construction practices and hours. Page 2 of 4 MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 03/28/2019 The applicant, Ryan McDaniel, stated that the existing building is nonconforming due to setbacks. The proposed development will comply with setbacks and therefore have a smaller footprint than what exists today. The Zoning Administrator closed the public hearing. Action: Approved ITEM NO. 4 Dube Duplex Alteration Coastal Development Permit No. CD2018-031 (PA2018-072) Site Location: 909 East Balboa Boulevard, Units A and B Council District 1 Benjamin Zdeba, Associate Planner, provided a brief project description stating that the applicant requests a coastal development permit to allow a remodel and addition to an existing duplex that would result in an increase in height by more than 10 percent of the existing height. Mr. Zdeba described the project's nonconforming parking status, that the proposed project does not have potential to adversely affect public access to the coast or substantially affect the visual quality of the coastal zone. Lastly, he desired to add a fact in support of finding "B" between Fact 1 and Fact 2: 2. Although the existing and proposed development is nonconforming due to number of parking spaces provided, the nature of the improvements is not anticipated to place additional demand on coastal access and/or resources. The Zoning Administrator questioned whether the reconstructed garage would maintain a similar footprint to the existing garage and whether the garage is shared by each unit of the duplex. The Zoning Administrator also questioned whether Associate Planner Zdeba believed that the proposed improvements would not create a demand for additional parking. Mr. Zdeba deferred the first two questions to the applicant and confirmed his belief that there would be no additional demand for parking. Applicant Barry Walker clarified that the reconstructed garage would be in the same location, but would be smaller to allow trashcans to be stored in the side yard and screened from view. He also stated that the additional floor area would create two more bedrooms for the upper unit, which is occupied by the owner. The additional bedrooms would be used by the owner's children. With respect to use of the garage, Mr. Walker stated that the garage is shared by the upper and lower units, as required by the rental agreement. Applicant Barry Walker, on behalf of the owners, Bryan and Michelle Dube, stated that they had reviewed the draft resolution and agree 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 V. PUBLIC COMMENTS ON NON -AGENDA ITEMS One member of the public, Jim Mosher, made two comments: 1) he questioned the size of the approved Sign Program for Corona del Mar Plaza's newly installed sign; and 2) citing a recent court ruling, he questioned the validity of the Coastal Commission's recommendation given in 2017 at the start of the LCP, giving residents with pending CDP applications the choice to continue with CCC or the City of Newport Beach. VI. ADJOURNMENT The hearing was adjourned at 3:36 p.m. Page 3 of 4 MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 03/28/2019 The agenda for the Zoning Administrator Hearing was posted on March 21, 2019, at 9:00 a.m. 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 March 21, 2019, at 9:05 a.m. Patrick J. Alford Zoning Administrator Page 4 of 4