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HomeMy WebLinkAbout20191114_ZA_MinutesMINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 11/14/2019 Page 3 of 7 ITEM NO. 4 Shokuh Patisserie Minor Use Permit No. UP2019-047 (PA2019-180) Site Location: 1735 Westcliff Drive Council District 3 Liane Schuller, Planning Consultant, provided a brief project description stating that the applicant is seeking approval to establish an eating and drinking establishment with primarily take-out service and a maximum of six seats. The location is a tenant space in the Westcliff Court commercial center previously occupied by a retail shoe store. The required parking for restaurant with limited seating is same as retail. A minor use permit is required because the subject property is located within 500 feet of a residential zoning district. The multi-tenant commercial center includes a variety of retail, service and restaurant uses, which share surface parking lots with access from Westcliff Drive or Sherington Place. Staff believes that the proposed use is consistent with the Zoning and General Plan designation for this property, and that the proposed use is compatible with surrounding permitted commercial uses. Conditions of approval are proposed to ensure operational characteristics of the business are not impactful to neighboring tenants or nearby residential uses. No late hours or alcohol service are proposed. The Zoning Administrator opened the public hearing. Applicant Ali Shoar stated that he had reviewed the draft resolution and agrees with all of the required conditions. Property manager Kathy Sickles stated they try to maintain a mix of complementary uses and are very excited about the addition of this quality business to the center. Seeing that no one from the public wished to comment, the public hearing was closed. The Zoning Administrator requested additional language be added to the findings under Section E, clarifying that the use, as conditioned, will not be impactful to surrounding uses. Action: Approved ITEM NO. 5 Pickup Residence Coastal Development Permit No. CD2019-011 (PA2019-051) Site Location: 23 Harbor Island Council District 5 Chelsea Crager, Associate Planner, provided a brief project description stating that the project is a coastal development permit to demolish an existing single-family residence and construct a new, two-story single- family residence. The project includes accessory structures, and a reinforced bulkhead with a cap, which is located within the Harbor Island Tidelands. The project complies with all applicable development standards with no deviations requested. Portions of the project within the Harbor Island Tidelands are subject to a coastal development permit processed by the California Coastal Commission. The finished floor of the project is high enough to protect the development from projected sea level rise, however the bulkhead is proposed to be raised to protect accessory structures as well as other low-lying properties on Harbor Island. The project is conditioned to ensure the bulkhead is engineered to accommodate a higher cap if necessary. One letter of support was received from a resident of Harbor Island. The Zoning Administrator confirmed with staff that the finished floor of the house is proposed at an elevation above the medium-high sea level rise projection and the project therefore does not require the bulkhead to be raised to protect the residence. The purpose of raising the bulkhead would be to protect other parts of the island that may be at a lower elevation. He stated that the project could proceed forward even if the Coastal Commission does not permit the bulkhead to be modified. The Zoning Administrator opened the public hearing. The Zoning Administrator asked the Applicant, Ron Ritner, what improvements were proposed in the backyard. Mr. Ritner noted that accessory improvements in the tidelands area had been removed from the application. A future approval in concept application will be submitted to the City, followed by a request for a coastal development permit from the California Coastal Commission for future accessory improvements in this area. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 11/14/2019 Page 4 of 7 One member of the public, Jim Mosher, spoke and stated that he was pleased that the project was not proposed to the full floor area limit. Mr. Mosher noted a typographical area in the draft resolution. He asked where the jurisdictional boundary between the City and the California Coastal Commission was located. He asked if there was concern regarding bird strikes on glass surfaces. He asked about the fire hazards of wood siding and shingles. Mr. Ritner noted that the project would be built in compliance with California Building and Fire Codes. He also noted that the site plan shows the tidelands area, which is the area that the California Coastal Commission maintains coastal development permit authority. The Zoning Administrator also stated that any improvements in that area are subject to an approval in concept by the City and a coastal development permit from the California Coastal Commission. Applicant Ron Ritner, on behalf of the Owner, stated that he had reviewed the draft resolution and agrees with all of the required conditions. The Zoning Administrator closed the public hearing. Action: Approved ITEM NO. 6 Dolphin Rental Newport Beach Boat Rental Coastal Development Permit No. CD2019-017 and Limited Term Permit No. XP2019-002 (PA2019-074) Site Location: 2406 Newport Boulevard Council District 1 This item has been removed from the calendar for the Applicant to explore changes to the operational characteristics of the proposal. A new public notice will be prepared and distributed when this item is scheduled for a new Zoning Administrator meeting. Action: Removed from calendar ITEM NO. 7 Steelberg Residence Coastal Development Permit No. CD2019-043 (PA2019-158) Site Location: 2685 Bay Shore Drive Council District 3 Joselyn Perez, Planning Technician, provided a brief project description stating that the request is for a Coastal Development Permit to allow the demolition of an existing single-family residence and the construction of a new single family residence. The project as designed proposes 3,934 square feet of habitable area and a 545 square foot garage for a total floor area of 4,510 square feet. Vehicular access to the garage is provided in the rear of the property through a 20-foot-wide alley easement. The project also proposes walls, fences, patios, drainage devices, and landscaping. The project site is zoned R-1 and is located in the private, gated, community of Bay Shores. The site is located between the first public road and the sea however it is not an oceanfront lot. The project is consistent with the surrounding development of the neighborhood and the project replaces an existing single-family residence with a new single-family residence; therefore the project does not involve a change in land use, density or intensity that will result in increased demand on public access and recreation opportunities. The site does not currently provide public access to the coast and it is not located in a coastal viewpoint. Ms. Perez clarified that the draft resolution requires a minor correction on page 4 of 9 of the resolution (handwritten page 10). The draft resolution reads, “Replaces an existing single-family residence located on a coastal lot with a new single-family residence” and it should read, “The project replaces an existing single-family residence with a new single-family residence” as the site is not an oceanfront property. The Zoning Administrator noted that there are clouds and language on the plans indicating that the windows and openings on the third floor of the home shall be left open. The Zoning Administrator asked staff if there is a specific purpose for that and if the area were to be enclosed, would it exceed floor area limitations. Staff stated that if the area were to be enclosed, it would exceed floor area limitations and fail to comply with third floor step back requirements. The Zoning Administrator noted that the design of the partially enclosed area