HomeMy WebLinkAbout01_04-29-2021_ZA_Minutes - DRAFT
Page 1 of 3
NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM THURSDAY, APRIL 29, 2021
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 David Lee, Associate Planner
Joselyn Perez, Assistant Planner
II. REQUEST FOR CONTINUANCES None.
III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF APRIL 15, 2021 Action: Approved
IV. PUBLIC HEARING ITEMS ITEM NO. 2 Dr. Eckermann Outpatient Surgery Facility Minor Use Permit No. UP2020-196 (PA2020- 344) Site Location: 20321 Irvine Avenue, Suite F-2 Council District 3
Joselyn Perez, Assistant Planner, provided a brief project description stating that the request is for a minor use
permit to operate an outpatient surgery center within an existing office park located in the Santa Ana Heights Specific Plan, Professional and Administrative district. The outpatient surgery center will occupy an
approximately 2,070-square-foot suite and will be equipped with a single operating room. The practice will provide outpatient surgeries, anticipates seeing a maximum of four patients per day, by appointment only, and
diagnostics will be performed at an offsite location. The facility will operate from 8 a.m. to 4 p.m., Monday through Friday and will be closed on weekends and Federal holidays. The facility will be staffed with
approximately three employees and there will be no walk-in, emergency services, overnight stays, or after-hours services offered at this location. The use is consistent with Director’s Determination DD2020-001
(PA2020-051) and the required parking for the use is available onsite. Assistant Planner Perez added a condition of approval to the draft resolution that “the outpatient surgery facility shall not operate as a medical office without either an amendment to this Minor Use Permit or the processing
of a new Minor Use Permit”.
The Zoning Administrator stated that outpatient surgery has a lower parking rate than medical office and then clarified the intent of the additional condition of approval is to ensure that the outpatient surgery center cannot convert to a general medical office without processing an amendment to this use permit. He then asked the applicant if he would accept an additional condition of approval that patients shall be seen by appointment only.
Applicant Dr. Eckermann stated that he had reviewed the draft resolution and agrees with all the required
conditions including the aforementioned condition to see patients by appointment only. The Zoning Administrator opened the public hearing.
MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 04/29/2021
Page 2 of 3
One member of the public, Mr. Jim Mosher, spoke and noted that he believed the determination to allow medical uses within SP7/PA was made by the Planning Commission. He then asked if it was known what percentage of the Jetty is currently medical, suggested a condition of approval limiting the number of patients
that can be seen per day, and questioned how the traffic fair share fees would be calculated for the outpatient surgery facility. The Zoning Administrator closed the public hearing. The Zoning Administrator answered Mr. Mosher that the current overall percentage of medical uses within the
Jetty is approximately 20 percent. He then asked Assistant Planner Perez to clarify Director’s Determination. Ms. Perez responded that the Planning Commission directed staff at a February 2020 meeting to prepare the determination that medical uses are consistent with the purpose and intent of the SP7/PA district and allowed subject to approval of a minor use permit. The Zoning Administrator then stated that an outpatient surgery
center, is a medical related use and consistent with the characteristics listed in the Director’s Determination; however, it is a separate land use from general medical office for the purposes of parking requirements. He
added that there is not a separate fair share fee category or amount for outpatient surgery facility so it will be assessed at the medical office rate and the applicant can petition the traffic engineer to have the fee reduced. Action: Approved as amended
ITEM NO. 3 Norton Residence Coastal Development Permit No. CD2021-006 (PA2021-024) Site Location: 6806 West Ocean Front Council District 1
David Lee, Associate Planner, provided a brief project description stating that the applicant proposes the
demolition of an existing single-family residence and construction of a new 2,768-square-foot single family residence with an attached 383-square-foot garage. Mr. Lee provided background information regarding zoning
and the surrounding neighborhood and stated that the project complies with all applicable development standards. Mr. Lee discussed the Coastal Hazards report that was provided by the Applicant which concludes
that the project is safe from hazards. Mr. Lee stated that the project did not affect public views or access to the ocean. Mr. Lee noted that there were revised plans which removed all references to any encroachments onto
the public right-of-way, and that any future encroachments requires review by the California Coastal Commission.
Applicant Eric Aust, on behalf of the Owner, stated that he had reviewed the draft resolution and agrees with
all of the required conditions.
The Zoning Administrator asked the applicant to address the questions and comments submitted through additional materials. The applicant stated that the walls are to remain as is, and that the proposed drainage
would not affect the neighboring properties.
The Zoning Administrator opened the public hearing.
One member of the public, Jim Mosher, spoke and stated his observation that the subject property does not have an ocean front encroachment. Mr. Mosher asked if there was a possibility for a future Accessory Dwelling Unit on the project Site. Mr. Mosher also noted that the property is in West Newport, not on the Balboa Peninsula.
One member of the public, Nader Mikhail, spoke and asked what the West Ocean Front right-of-way was. Mr.
Nader also asked questions regarding the plans with the walls. Finally, Mr. Nader asked about a typo on the Water Quality Hydrology Report. The Zoning Administrator stated that it is a rare case that there is no existing encroachment, and that any future
encroachment needs Coastal Commission approval. There is an opportunity for a future Accessory Dueling Unit (ADU), but R-2 Zoning allows for single-family development. The Zoning Administrator confirmed that the property is in West Newport and directed staff to revise the resolution.
MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 04/29/2021
Page 3 of 3
The Zoning Administrator responded to Mr. Nader and explained the West Ocean Front public right-of-way being a portion of the sandy beach. The Zoning Administrator stated that a new wall that is located on the property line will require a shared property wall agreement. Finally, Mr. Lee stated that the typo in the Water
Quality Hydrology Report had been corrected. The Zoning Administrator closed the public hearing. Action: Approved as amended
V. PUBLIC COMMENTS ON NON-AGENDA ITEMS
None.
VI. ADJOURNMENT The hearing was adjourned at 10:27 a.m.
The agenda for the Zoning Administrator Hearing was posted on April 22, 2021, at 4:10 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 April 22, 2021, at 4:00 p.m.
Jaime Murillo Zoning Administrator