HomeMy WebLinkAbout20201210_ZA_MinutesMINUTES OF THE MEETING OF THE
NEWPORT BEACH ZONING ADMINISTRATOR 12/10/2020
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The Zoning Administrator asked staff to revise the resolution to clarify the Coastal Commission memorandum
and revise or remove Conditions of Approval No. 2, 3, and 5, which are not applicable to the project. The Zoning
Administrator also requested staff to add a condition of approval that provided the City flexibility to add
additional pay stations where necessary.
Action: Approved as amended
ITEM NO. 8 Superior Avenue Pedestrian and Bicycle Bridge, Parking Lot and Recreation Area
Project Coastal Development Permit No. CD2020-143 and Mitigated Negative
Declaration No. ND2019-002 (PA2019-014)
Site Location: Bridge to span Superior Avenue north of West Coast Highway
Intersection – Parking lot and recreation area at northeast corner of intersection and
bounded by West Coast Highway, Superior Avenue, Hoag Lower Campus and Sunset
View Park Council District 2
Chelsea Crager, Associate Planner, provided a brief project description stating that the project is a coastal
development permit and addendum to a mitigated negative declaration (MND) for the construction of a
pedestrian/bicycle bridge, parking lot, and recreation area. The project does not include any changes to
crosswalks and is a standalone project.
A portion of the project is located in Sunset Ridge Park, where the California Coastal Commission retains permit
jurisdiction.
In November 2019, the City Council approved the conceptual design for the project and adopted the Mitigated
Negative Declaration. The City Council also waived application development standards and use permit
requirements of Newport Beach Municipal Code (NBMC) Title 20. The City Council chose not to pursue a dog
park as a part of the application, instead choosing to expand open space of Sunset View Park. In August 2020,
the City Council approved a revised conceptual design, including a single-span concrete bridge and the addition
of stairs to the public sidewalk.
The Applicant requests relief from development standards for height of retaining walls up to 25 feet in height,
which are a necessary component of the project. The project is located in the shoreline height limitation area,
which allows flat structures up to 35 feet in height with approval of a coastal development permit. The maximum
height of the bridge over the street is under 32 feet.
The project will improve public access with a net gain of public parking spaces and expanded open space at
Coastal View Park. Sunset Ridge Park and Sunset View Park are designated coastal view points and Superior
Avenue is a coastal view road. Aesthetics were reviewed with the MND and Addendum, and impacts were
found to be less than significant.
Staff included a memorandum in the hearing materials which includes an amended draft resolution including
two additional facts in support of Finding A. Further, the memorandum includes the correct version of the
Addendum to the MND. An outdated version was inadvertently included with the original materials. There were
no changes to analysis or conclusions in the Addendum. The draft resolution should be updated to note that
the project is consistent with the shoreline height limitation regulations over the right-of-way, and included the
correct date of the November 2019, City Council meeting.
The Zoning Administrator noted that the plaza with benches proposed in the project serve to provide additional
coastal view opportunities.
The Zoning Administrator opened the public hearing.
One member of the public, David Tanner, spoke and stated that he would like individual responses to his
submitted letter with graphics. The incorrect Addendum was provided to the public for review, and the MND
was not included in the materials. Mr. Tanner asked if the City had known about the West Coast Highway
MINUTES OF THE MEETING OF THE
NEWPORT BEACH ZONING ADMINISTRATOR 12/10/2020
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bridge project when approving the conceptual design for the Superior Avenue bridge, if analysis would have
been different. He stated that the project includes removal of the crosswalk pursuant to a CalTrans
memorandum on the City website.
Another member of the public, Jim Mosher, spoke and stated that it is awkward that the California Coastal
Commission is reviewing a portion of the project. The staff report was not clear about what is being reviewed
by the Zoning Administrator. The project has visual impacts from both parks and to motorists on Superior
Avenue. The parking lot side of the bridge includes manicured landscaping, while the Sunset Ridge Park side
of the bridge includes more natural landscaping. Mr. Mosher stated that if there is a plan to remove a crosswalk
as a part of this project, it would be an access issue.
The Zoning Administrator closed the public hearing.
The Zoning Administrator noted that he reviewed Mr. Tanner’s 16-page comment letter. The Zoning
Administrator noted that a primary concern of the letter was that the project is piecemealing and is closely
related to the future West Coast Highway Widening project and references a staff report to the City Council
from August 2020. The Zoning Administrator reviewed that staff report. Andy Tran, Public Works Senior Civil
Engineer, noted that the two projects are separate. When the Superior Avenue Bridge project was conceptually
approved in 2019, the West Coast Highway Widening project did not exist. City Council chose to expand
passive open space at Sunset View Park in lieu of a dog park. The West Coast Highway Widening project was
kicked off in August 2020. If both projects are completed, crosswalks may be removed. Either of the two projects
could move forward without the other. The purpose of the West Coast Highway Widening project is to improve
the intersection.
Mr. Tran noted that 97 parking spaces were originally identified as required for the development of Sunset
Ridge Park. Because a road was never developed, onsite parking was not developed for the park. The Zoning
Administrator confirmed that the intent of the subject project is to provide parking for, and a safe accessible
path to, Sunset Ridge Park.
The Zoning Administrator confirmed with Associate Planner Crager that under the City’s Local Coastal Program
certification, the California Coastal Commission retains permit jurisdiction over existing coastal development
permits. The Zoning Administrator noted that the staff report and Addendum clearly describe the primary
aspects of the park including the bridge, the parking lot, and the expanded open space. The plans clearly show
the project and heights, and visual simulations in the MND and Addendum support the findings in the draft
resolution. The MND is accessible online, and the location is noted on the public notice, including staff’s contact
information for help. Ms. Crager confirmed no questions were received regarding accessing the MND online.
The Zoning Administrator confirmed with Mr. Tran that the existing pedestrian bridge located down West Coast
Highway is not related to this project. The Zoning Administrator noted that the Implementation Plan includes
an exception to height limitations for government projects that are necessary to achieving the project’s purpose.
Ms. Crager confirmed this section is applicable to the project. The Zoning Administrator confirmed with Ms.
Crager that the Addendum includes a discussion of potential cumulative impacts of the future West Coast
Highway Widening project, including a visual simulation.
The Zoning Administrator incorporated edits to the resolution, including additional facts in support of Findings
A, C, D, F, G, H, J, and K. Edits also included striking out conditions of approval that are not applicable.
Action: Approved as amended
V. PUBLIC COMMENTS ON NON-AGENDA ITEMS
None.