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HomeMy WebLinkAbout01_03-12-2020_ZA_Minutes - DRAFT Page 1 of 5 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH COMMUNITY ROOM THURSDAY, MARCH 12, 2020 REGULAR MEETING – 3:00 P.M. I. CALL TO ORDER – The meeting was called to order at 3:00 p.m. Staff Present: Jaime Murillo, Zoning Administrator Liz Westmoreland, Associate Planner Stefanie Edmondson, Planning Consultant Liane Schuller, Planning Consultant II. REQUEST FOR CONTINUANCES None. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF FEBRUARY 27, 2020 Action: Approved IV. PUBLIC HEARING ITEMS ITEM NO. 2 Biggs Lot Line Adjustment No. LA2019-003 (PA2019-232) Site Location: 408 Carlotta Council District 4 Stefanie Edmondson, Planning Consultant on behalf of Melinda Whelan, Assistant Planner, provided a brief project description stating that the application was for a lot line adjustment to add approximately 600 square feet of homeowners' association property to a private residential property at 408 Carlotta. The subject area is located at the entrance to the dwelling unit, between the dwelling unit and the garage. There will be no change in the number of lots. The purpose of the Lot Line Adjustment is to create a larger lot at 408 Carlotta, similar to other lot line adjustments that have been recorded throughout the Eastbluff Community and to allow for wall and patio improvements at the entry. The proposed Lot Line Adjustment will shift the existing front property line of 408 Carlotta approximately 16 feet forward to include the grass area and concrete area between the garage and the dwelling; and the grass area in front of the entrance to the dwelling. Applicant Dennis Biggs, on behalf of The Biggs Family Trust, 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. 3 428 Fernleaf, LLC Condominiums Coastal Development Permit No. CD2019-066 and Tentative Parcel Map No. NP2019-012 (PA2019-231) Site Location: 428 Fernleaf Avenue Council District 6 Planning Consultant, Stefanie Edmondson, on behalf of Melinda Whelan, Assistant Planner, provided a brief project description stating that the application was a request for a coastal development permit (CDP) and tentative parcel map for two-unit condominium purposes. A single-family dwelling has been demolished and a new duplex is under construction. No waivers of Newport Beach Municipal Code (NBMC) Title 19 MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 03/12/2020 Page 2 of 5 (Subdivisions) are proposed. The Tentative Parcel Map would allow each unit to be sold individually. The Tentative Parcel Map also requires the approval of a coastal development permit pursuant to NBMC Title 21 (Local Coastal Program Implementation Plan). The subject property is approximately 1,600 feet from the Harbor entrance and lies within the Categorical Exclusion Area. Applicant Matthew Watson of Watson Legal Group, 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. 4 Newport Center Monument Signs Modification Permit No. MD2019-007 and Coastal Development Permit No. CD2019-070 (PA2019-209) Site Location: 1401 and 1402 Newport Center Drive Council District 5 Planning Consultant, Stefanie Edmondson on behalf of Melinda Whelan, Assistant Planner, provided a brief project description stating that the applicant requests a modification permit and coastal development permit to amend previously approved Modification Permit No. MD2011-018 for two freestanding, double-faced signs located at the northeast and northwest corners of the intersection of East Coast Highway and Newport Center Drive. The amended Modification Permit would allow an increased maximum sign height of 10 feet, 3 inches and maximum width of 13 feet, 9 inches to update the exisitng signage to include a new decorative base and cap. The amended Modification Permit would also allow an increased maximum sign area of 93 square feet. Each sign is located on a separate parcel, 1401 and 1402 Newport Center Drive. 1402 Newport Center Drive is located within the Coastal Zone and requires a coastal development permit that includes a variance to the 6-foot maximum height allowance and a modification to the 75-square-foot maximum sign area allowance for a monument sign in Title 21 (Local Coastal Program Implementation Plan). The signs have been designed to be consistent with other signs in Newport Center. This Modification Permit will supersede and replace Modification Permit No. MD2011-018. Applicant Paul Shaver of CAA Planning, on behalf of the Irvine Company, stated that he had reviewed the draft resolution and agrees with all of the required conditions. The Zoning Administrator clarified with the Applicant that these new signs are to identify the two main tenants. The design appears to match the other Irvine Company properties and the size increase is minimal given the large open space. 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 Newport Auto Center Temporary Inventory Storage Limited Term Permit No. XP2019- 012 (PA2019-255) Site Location: 101 Bayside Drive Council District 5 Liz Westmoreland, Associate Planner, provided a brief project description stating that the application was for a Limited Term Permit (over 90 days) to store up to 300 vehicles from the Newport Auto Center (NAC) dealership in a temporary location at the Newport Dunes Resort and Marina (“the Dunes”). No customers would be allowed to access the storage site. The inventory vehicles parked at the Dunes would be excess inventory and are not required parking for the Newport Auto Center. The applicant would utilize surplus parking spaces located in the gravel lot at the Dunes, and would not utilize any of the parking spaces required by the settlement agreement. The Limited Term Permit would expire one year from the effective date, unless the Zoning Administrator grants an extension for up to one additional year. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 03/12/2020 Page 3 of 5 The Zoning Administrator asked about the status of the Conditional Use Permit amendment for Newport Auto Center. Ms. Westmoreland responded that they had submitted the application on time and that it was currently under review by staff. Applicant Tim Tauber, on behalf of the Newport Auto Center, stated that he had reviewed the draft resolution and agrees with all of the required conditions. He stated that there were only 17 vehicles parked at the Dunes currently. In the future they will apply to modify their existing facility to accommodate all vehicles on-site. The Zoning Administrator opened the public hearing. Seeing that no one from the public wished to comment, the public hearing was closed. Subsequently, the Zoning Administrator requested that Finding B (1) be revised as follows: “The use would be authorized for one (1) year, for a possible extension of an additional year if authorized by the Zoning Administrator.” Action: Approved ITEM NO. 6 Belt Capital Properties, LLC Condominium Conversion No. CC2020-001, Tentative Parcel Map No. NP2020-001, Modification Permit No. MD2020-001 and Coastal Development Permit No. CD2020-003 (PA2020-004) Site Location: 945 and 947 West Balboa Boulevard Council District 1 Liane Schuller, Planning Consultant, provided a brief project description stating that approval is requested to convert an existing two-unit dwelling into two condominiums. The application includes a modification permit to maintain the existing parking space dimensions, which deviate from current minimum requirements. The existing parking spaces were in compliance with the applicable development standard at the time the development was constructed in 2009. The Zoning Code grants the Zoning Administrator authority to approve modifications to the size of parking spaces, provided appropriate findings can be made. Ms. Schuller continued that the existing development complies with all other applicable development standards, and no new construction is proposed in conjunction with this request. Findings for the requested entitlements are included in the draft resolution. The Public Works Department has reviewed and conditioned the approval of the parcel map to eliminate an abandoned curb cut along Balboa Boulevard and install new curb, gutter and sidewalk in front of the project site. Ms. Schuller also stated that removal of the abandoned curb cut will improve maneuverability and parking conditions along the street as well as facilitate pedestrian access. Applicant Matthew Watson, 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. The Zoning Administrator modified Fact 2 in support of Finding U, to add that the parking dimensions were compliant with the requirements in effect at the time of construction and for current requirements for lots less than 30 feet wide. Action: Approved ITEM NO. 7 Theders Residence Coastal Development Permit No. CD2020-002 (PA2020-005) Site Location: 619 36th Street Council District 1 Liane Schuller, Planning Consultant, provided a brief project description stating that the applicant is requesting a coastal development permit to demolish an existing single-family dwelling, and construct a replacement MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 03/12/2020 Page 4 of 5 dwelling and two-car garage. The project also includes an existing bulkhead that will be reinforced and raised in height to address coastal hazards protection. The project complies with all applicable development standards and no deviations are requested. The property is bisected by the California Coastal Commission’s permit jurisdiction boundary, resulting in a portion of the project and the bulkhead improvements being within the Coastal Commission permit jurisdiction and requiring Coastal Commission review. The draft resolution includes a condition requiring that the project obtain authorization from the California Coastal Commission for portions of the project within their jurisdiction. Ms. Schuller stated that a letter of comment had been received from Jim Mosher, requesting clarification on permeable lot area and the location of the Coastal Commission jurisdiction boundary. The applicant has provided a plan sheet documenting compliance with permeable surface area requirements and the post- certification map shows the jurisdictional boundary to be approximately 15 feet from the rear property line. The bulkhead and a portion of the accessory structures lie within that area; the primary structure and other accessory structures are subject to a local coastal development permit. At the request of the Zoning Administrator, Ms. Schuller clarified the permeable area calculations. Applicant Victor Rogel of C.J. Light Associates, 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 and clarified conditions of approval for the project. Seeing that no one from the public wished to comment, the public hearing was closed. The Zoning Administrator modified Condition of Approval Nos. 3 and 4 clarifying that prior to the issuance of a building permit, approval of the bulkhead improvements shall be obtained from the California Coastal Commission. Action: Approved ITEM NO. 8 Vincent Residence Coastal Development Permit No. CD2020-007 (PA2020-012) Site Location: 1502 South Bay Front Council District 5 Stefanie Edmondson, Planning Consultant, provided a brief project description stating that the application was a request for a coastal development permit to allow the demolition of an existing single-family residence and construction of a new 2,488-square-foot, single-family residence with an attached 412-square-foot, two-car garage. The project is designed and sited so as not to block or impede existing public access opportunities and all construction shall occur within the confines of private property with the exception of the 4-foot, 6-inch front yard encroachment (South Bay Front) for a low retaining wall and planter box. The applicant shall obtain Public Works Department review and approval for improvements encroaching into the public right-of-way area. Applicant Ian Harrison, Architect, on behalf of Garth and Gina Vincent, owners, 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 V.PUBLIC COMMENTS ON NON-AGENDA ITEMS None. VI.ADJOURNMENT The hearing was adjourned at 3:32 p.m. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 03/12/2020 Page 5 of 5 The agenda for the Zoning Administrator Hearing was posted on March 5, 2020, at 11:00 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 5, 2020, at 11:30 a.m. Jaime Murillo Zoning Administrator April 16, 2020, Zoning Administrator Agenda Comments Comments submitted by: Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229) Item 1. Draft Minutes of March 12, 2020 The following correction to the draft minutes is suggested: Page 4 of 5, paragraph 2: “Ms. Schuller stated that a letter of comment had been reviewed from Jim Mosher, requesting clarification on permeable lot area and the location of the Coastal Commission jurisdiction boundary.” Although “reviewed” makes some sense, it seems grammatically probable “received” was intended. Zoning Administrator - April 16, 2020 Item No. 1a Additional Materials Received Draft Minutes of March 12, 2020