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HomeMy WebLinkAbout01_12-10-2020_ZA_Minutes - DRAFT Page 1 of 7 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM THURSDAY, DECEMBER 10, 2020 REGULAR MEETING – 10:00 A.M. I. CALL TO ORDER – The meeting was called to order at 10:00 a.m. Staff Present (Remote): Jaime Murillo, Zoning Administrator Chelsea Crager, Associate Planner David Lee, Associate Planner Liz Westmoreland, Associate Planner Melinda Whelan, Assistant Planner Joselyn Perez, Assistant Planner Caryl Bryant, Fiscal Specialist Andy Tran, Senior Civil Engineer II. REQUEST FOR CONTINUANCES None. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF NOVEMBER 12, 2020 The Zoning Administrator opened the public hearing. One member of the public, Jim Mosher, clarified the intention of the last sentence on page 2. The Zoning Administrator closed the public hearing. Action: Approved as amended IV. PUBLIC HEARING ITEMS ITEM NO. 2 Hohberg Residential Condominiums Tentative Parcel Map No. NP2020-014 and Coastal Development Permit No. CD2020-142 (PA2020-277) Site Location: 114 19th Street Council District 1 The Zoning Administrator provided a brief project description stating the request is for a coastal development permit and tentative parcel map for two-unit condominium purposes. A single-unit dwelling has been demolished and a new duplex is currently under construction. No waivers of Newport Beach Municipal Code (NBMC) Title 19 (Subdivisions) standards 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). Applicant Eric Aust, on behalf of Robert Hohberg, 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 MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 12/10/2020 Page 2 of 7 ITEM NO. 3 Mumma Residence Coastal Development Permit No. CD2020-135 (PA2020-256) Site Location: 74 Linda Isle Council District 5 Joselyn Perez, Assistant Planner, provided a brief project description stating that the project is located on a bayfront lot that is zoned R-1. The lot is currently developed with a single-family residence and the proposed project will demolish the existing residence, construct a new single-family residence, and install landscaping, hardscaping, drainage, site walls, a reinforced bulkhead cap for protection against coastal hazards, and eventually a new cantilevered deck. The finish floor elevation of the home is at a minimum elevation of 9.98 feet North American Datum of 1988 (NAVD88), which complies with the minimum 9.00-foot (NAVD88) elevation standard, and the bulkhead shall be raised to an elevation of 10.65 feet NAVD88 to protect the home from coastal hazards. 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 project will not impact any public access points, and the project will not impact any coastal viewpoints as identified in the Coastal Land Use Plan. Ms. Perez made a correction to the draft resolution to clarify that any plans for a future cantilevered deck will need an Approval in Concept from the City of Newport Beach and a subsequent Coastal Development Permit from the California Coastal Commission. Applicant Ron Ritner, of The Ritner Group, 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 as amended ITEM NO. 4 Jahangiri Residence Coastal Development Permit No. CD2020-141 (PA2020-284) Site Location: 1015 Mariners Drive Council District 3 Joselyn Perez, Assistant Planner, provided a brief project description stating that the proposed project is located on a lot zoned R-1-6000. The lot is currently developed with a single-family residence and the lot abuts a steep bluff overlooking the Upper Newport Bay. The proposed project will demolish the existing residence, construct a new single-family residence with attached garage, and construct a detached pool house, an in-ground pool, landscaping, hardscaping, drainage, and site walls. The project is consistent with the residential development standards and the Bluff Overlay District standards. 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 project will not impact any public access points, and the project will not impact any coastal viewpoints as identified in the Coastal Land Use Plan. Ms. Perez explained that the landscape plans included in the staff report were inconsistent with the site plan. She added a condition of approval to the resolution that a revised landscape plan shall be submitted that is in conformance with the relevant landscaping and bluff overlay standards. Applicant Eric Olsen, of Eric Olsen Design, 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 he had a few items of concern for the project. Specifically, Mr. Mosher questioned the impacts of the proposed glass fencing along the top of the bluff. The Zoning Administrator clarified that a condition of approval had been included in the resolution to install a treatment on the glass and then closed the public hearing. Action: Approved as amended MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 12/10/2020 Page 3 of 7 ITEM NO. 5 South Bayfront Waterpointe, LLC Residence Coastal Development Permit No. CD2020- 122 (PA2020-208) Site Location: 400 South Bay Front Council District 5 South Bayfront Waterpointe, LLC Residence Coastal Development Permit No. CD2020- 123 (PA2020-209) Site Location: 402 South Bay Front Council District 5 Liz Westmoreland, Associate Planner, provided a brief project description stating that the application was for a coastal development permit (CDP) to allow the construction of two single-family residences, each with a Junior Accessory Dwelling Unit (JADU). The coastal development permit application also includes a request to authorize a previously approved parcel map that subdivided the property back to the original lot configuration of two lots. The subdivision has been approved pursuant to Title 19 but the CDP to authorize it pursuant to Title 21 was appealed and later withdrawn. Lastly, the application includes a variance to Title 21 standards in order to waive the minimum lot width standards. Ms. Westmoreland made a reference to the detailed analysis in the staff report regarding compliance with Local Coastal Program policies. The proposed residences would comply with the minimum finished floor requirement for new construction and would be waterproofed up to 10.65 feet to accommodate future sea level rise. The existing City bulkhead is required to protect public access along the boardwalk as well as infrastructure on the island. The Applicant’s representative Sherman Stacey, on behalf of the Owner, stated that he had reviewed the draft resolution and agrees with all of the required conditions. He stated that the owner will rely on the City’s bulkhead and has waived any rights to future shoreline protective devices. The Zoning Administrator opened the public hearing. One member of the public, Jim Mosher, commented that the staff report was confusing, and the description of the property reflected a large single lot. He asked why the owner would be prevented from building two single-family residences as condominiums on the existing lot. He commented that the JADU could be treated as a room in the single-family home. Lastly, he questioned why the variance was heard by the Zoning Administrator and not the Planning Commission. The Zoning Administrator closed the public hearing. The Zoning Administrator asked that the two resolutions be updated to include the proposed legal description. Ms. Westmoreland responded to Mr. Mosher stating that the proposed variance to the minimum lot width standards was not a standard variance, but specifically a variance to Title 21 standards, which can be authorized through a CDP. Title 20 has a provision to allow this exemption without a variance. The Zoning Administrator commented that the Parcel Map was not the subject of the appeal, just the CDP per Title 21 and it is still effective. He also stated that staff has requested an amendment to Title 21 to include the same provision regarding reversion to the original lots. The Title 21 amendment is currently under review by the Coastal Commission. He asked that the resolution for Coastal Development Permit No. CD2020-122 (PA2020-208) include a condition of approval that the parcel map be recorded prior to the issuance of building permits. Action: Approved as amended ITEM NO. 6 Gondola Adventures Coastal Development Permit No. CD2020-136 and Limited Term Permit No. XP2020-006 (PA2020-273) Site Location: 200 Bayside Drive Council District 5 David Lee, Associate Planner, provided a brief project description stating that a coastal development permit and limited term permit is requested for the use of an existing temporary modular office for gondola boat tours. Mr. Lee described the boat tour operation and usage of the office. Mr. Lee stated that the temporary use is not MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 12/10/2020 Page 4 of 7 anticipated to negatively impact the site’s large parking lot, the public’s access of the bay, and public views of the bay. The use encourages public access to the bay. Applicant Elisa Mohr of Gondola Adventures stated that she 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 asked about the temporary lapse between the two limited term permits. Mr. Lee answered that the existing limited term permit expires on December 11, 2020, and that the new limited term permit is conditioned to not be effective until January 11, 2021, which provides the 30-day required pause in operation between the limited term permits. The Zoning Administrator closed the public hearing. The Zoning Administrator asked Mr. Lee regarding the necessity of Condition of Approval No. 6, which addresses a fire suppression system. Mr. Lee answered that the installation of a fire suppression system is required by the Fire Department. Action: Approved ITEM NO. 7 City of Newport Beach Pay Station Modernization Coastal Development Permit No. CD2020-139 (PA2020-317) Site Location: Citywide Citywide David Lee, Associate Planner, provided a brief project description stating that a coastal development is requested for the removal of 821 existing single-space parking meters and the installation of 58 new multi-space pay stations. He described the existing parking meters and the benefits of new pay stations. Signage is a part of the project, which helps notify the public of payment instructions. There are no increases in parking fees associated with the project. The new pay stations do not impede public access to the coast and that lower cost and free options are also available to the public for coastal access. The Zoning Administrator asked staff to clarify the Coastal Commission memorandum regarding public parking fees that was mentioned in the staff report. Mr. Lee stated that the memorandum was issued by the Coastal Commission in 1993 and set parameters for the maximum increase of public parking fees for cities in the Coastal Zone. Mr. Lee clarified that the City is not proposing to raise fees in association with this project and will comply with the memorandum. In response to the Zoning Administrator’s questions, Caryl Bryant, Fiscal Specialist with the City’s Finance Department, confirmed that cell phones can be used to pay for parking. Anthony Alannouf of Reef Parking explained that each pay station was analyzed so that it was convenient for the public and had a fair ratio of parking spaces per each station. Ms. Bryant added that the City can purchase and install additional pay stations if necessary. The Zoning Administrator opened the public hearing. One member of the public, Jim Mosher, spoke and stated that the project should warrant a review by the Planning Commission, rather than the Zoning Administrator. He said the staff report lacked information, such as not indicating where the signage and existing meters are being located. He questioned the details of how the pay stations operated and the distance between the pay station and parked car. The Zoning Administrator closed the public hearing. The Zoning Administrator stated that the staff report is clear regarding the details of how the pay station system works, as well as the locations of the new pay stations and existing meters. The Zoning Administrator explained that the new pay stations provide benefits to the public in terms of flexibility and additional payment methods. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 12/10/2020 Page 5 of 7 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 Page 6 of 7 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. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 12/10/2020 Page 7 of 7 VI. ADJOURNMENT The hearing was adjourned at 11:52 a.m. The agenda for the Zoning Administrator Hearing was posted on December 3, 2020, at 5:00 p.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 December 3, 2020, at 5:30 p.m. Jaime Murillo Zoning Administrator