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HomeMy WebLinkAbout20200514_ZA_MinutesMINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 05/14/2020 Page 3 of 4 The Zoning Administrator directed staff to remove Condition of Approval No. 2 for clarity. While the waterproofing is a standard requirement, the inclusion of a water-proofing condition is in the case that the project needs to be redesigned to meet minimum protection. As proposed, the project would comply with water- proofing requirements without a redesign need. Action: Approved as amended ITEM NO. 6 Tucci Residence Coastal Development Permit No. CD2020-006 (PA2020-016) Site Location: 3905 Marcus Avenue Council District 1 Liz Westmoreland, Associate Planner, provided a brief project description stating that the application is a coastal development permit to demolish an existing single-family residence and construct a new single-family residence of three stories and containing a two-car garage. The project includes raising the existing bulkhead to meet the required 10.65 feet NAVD88 to accommodate future sea level rise. The project also includes the replacement of existing tiebacks and deadmen. An email from Coastal Commission was received reminding staff to include a complete project description that clearly states the jurisdiction for each improvement. In this case, based on the Local Coastal Program (LCP) Post Certification Map and Implementation Plan, all of the improvements are located within the City’s permit jurisdiction. The jurisdiction line is coterminous with the bulkhead line, so any improvements to the bulkhead and landward of the bulkhead fall within the City’s jurisdiction. Staff has included multiple conditions of approval to make it clear that any work, including the use of mechanized equipment bayward of the bulkhead, would require prior approval from Coastal Commission. There are no issues related to access or views as detailed in the staff report. Regarding Condition of Approval No. 9 in the resolution, Zoning Administrator Murillo suggested revisions to the condition of approval to state that the use of mechanized equipment bayward of the existing bulkhead is prohibited under this Coastal Development Permit. If the use of mechanized equipment is required and/or proposed bayward of the existing bulkhead, then approval from the California Coastal Commission is required. Applicant Eric Aust, on behalf of the Owner, stated that he had reviewed the draft resolution and agrees with all of the required conditions including the revised condition. 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. 7 Annual Review of the North Newport Center Development Agreement No. DA2007-002 (PA2009-023) Site Location: Fashion Island; Block 100, Block 400, Block 500, Block 600, and Block 800 of Newport Center Drive; and San Joaquin Plaza Council District 5 Joselyn Perez, Assistant Planner, provided a brief project description about the annual review of the Development Agreement (DA) between the Irvine Company and the City of Newport Beach for development within the North Newport Center Planned Community Development Plan. The DA specifies the permitted uses, density and intensity of development as well as circulation improvements, public benefits, and dedication of street rights-of-way and open space. The DA has been in place since 2007 and is valid for 25 years. During the 2019 development year, the Irvine Company obtained 33 building permits for tenant improvements, none of which resulted in changes to gross floor area. To date, the Irvine Company has fulfilled all of its public benefits as outlined in the DA with the exception of those that are related to development impacts fees as those will be charged on a project-by-project basis. Staff believes that the Irvine Company has complied in good faith with terms and conditions of the DA. Assistant Planner Perez explained that Mr. Jim Mosher had submitted comments identifying typographical errors within the annual report provided by the Irvine Company and had also questioned if impact fees had been collected for development in 2018 that resulted in a floor area increase of 66 square feet. Assistant MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 05/14/2020 Page 4 of 4 Planner Perez added that because the referenced development occurred in 2018, it would not be included within the current report because the current report is only for development which occurred in 2019. Shawna Schaffner of CAA Planning, on behalf of the Irvine Company, stated that the fee discrepancy was mentioned at the previous year’s hearing and the Irvine Company would be willing to pay any outstanding debt if there is any. Additionally, Ms. Schaffner addressed Mr. Mosher’s comment on the timing of the report; specifically, that the DA requires the applicant to submit an annual report by January 20 of each year, which they have every year. Staff must then go through all of the past year’s permits to verify the data within the annual report which can take varying amounts of time and affects when the item is heard by the Zoning Administrator. 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 10:30 a.m. The agenda for the Zoning Administrator Hearing was posted on May 8, 2020, at 11:45 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 May 8, 2020, at 12:15 p.m.