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NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM THURSDAY, APRIL 14, 2022 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 Benjamin Zdeba, Senior Planner Chelsea Crager, Associate Planner
Liz Westmoreland, Associate Planner Melinda Whelan, Assistant Planner
Liane Schuller, Planning Consultant II. REQUEST FOR CONTINUANCES
None. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF MARCH 24, 2022 Action: Approved IV. PUBLIC HEARING ITEMS ITEM NO. 2 Youssef Residential Condominiums Tentative Parcel Map No. NP2022-002 (PA2022- 012) Site Location: 603 and 603 ½ Iris Avenue Council District 6
Benjamin Zdeba, Senior Planner was present on behalf of Joselyn Perez, Assistant Planner to represent the matter for City staff. The Zoning Administrator noted that a staff presentation was not necessary for this item
given its simplicity. He stated that the request is a tentative parcel map for two-unit residential condominium purposes on a standard-sized lot in Corona del Mar. There are no waivers requested and the project conforms
to code requirements.
Applicant’s representative Matthew Watson of Watson Legal Group, APC, stated that they had reviewed the draft resolution and agree 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.
The Zoning Administrator approved the project, as submitted. Action: Approved
ITEM NO. 3 Starfish Newport Beach Minor Use Permit No. UP2021-048 (PA2021-269) Site Location: 191 Riverside Avenue, Suite A Council District 3
Melinda Whelan, Assistant Planner, provided a brief project description stating that the request is for a minor use permit to establish a 1,814-square-foot food service, eating and drinking establishment with 385 square
feet of net public area in an existing retail suite at the Garden Shopping Center. The establishment includes a Type 41, (On Sale Beer and Wine) Alcoholic Beverage Control (ABC) License with no late hours. The proposed hours of operation are Sunday through Thursday 10 a.m. to 9 p.m. and Friday and Saturday, 10 a.m. to 10 p.m. Required parking will be provided on-site within the shared parking lot for the shopping
center.
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Assistant Planner Whelan proposed added conditions of approval to prohibit outdoor dining unless an
amendment to the use permit is approved and to require the parking of catering vehicles on-site.
Applicant Amy Bagley, applicant from Steiner Studio, Inc, on behalf of Gretchen McConnel, owner/operator, stated that she 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 Neighborhood Goods Café Minor Use Permit No. UP2021-052 (PA2021-293) Site Location: 343 Newport Center Drive Council District 5 Melinda Whelan, Assistant Planner, provided a brief project description stating that the request is for a minor use permit to allow a Type 47 (On Sale General) Alcoholic Beverage Control (ABC) license with no late hours for the new food service eating and drinking establishment within Neighborhood Goods department store within Fashion Island regional shopping center (Fashion Island mall). The 955 square-foot café will be located within an existing retail space currently being improved with tenant improvements for the new department store, Neighborhood Goods. Additionally, the café will provide an outdoor dining patio. Since the distribution of the staff report, the applicant reduced the size of the outdoor dining patio to 284-square-feet. Revised plans were distributed in a separate memo as additional materials. The proposed hours of operation will mirror the department store, 10 a.m. to 9 p.m., daily. Applicant Pua Whitford, applicant from CAA Planning Inc. on behalf of the Patti Keiser of Neighborhood Goods Inc., stated that she 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 ITEM NO. 5 8 Bayshore Partnership, LP Residence Coastal Development Permit No. CD2021-080 (PA2021-308) Site Location: 2676 Bay Shore Drive Council District 3 Liz Westmoreland, Associate Planner, provided a brief project description stating that the application is for a coastal development permit to allow the demolition of an existing single-family residence and construction of a new single-family residence with two, two-car garages and an accessory dwelling unit. A previous coastal development permit was approved in 2021 that authorized the existing bulkhead to be raised to the minimum standard. Staff requested changes to the resolution to correct the buildable area and associated maximum floor area allowed on the site. A setback cleanup amendment was recently approved that clarified the front setback on the bay is measured from the bulkhead and not the property line in the water. Staff clarified that there are no required changes to the project design and the project is still much smaller than the maximum allowable floor area for the site. Staff made related changes to Finding A to correct the setback location and the maximum allowable floor area for the property. Staff added a condition of approval to require that the building permit plans be updated to reflect the correct buildable area and front setback location. Applicant Suzette Smith, on behalf of the Owner, stated that she 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. The Zoning Administrator accepted the proposed corrections by staff. Action: Approved as Amended
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ITEM NO. 6 Lindner Residence Coastal Development Permit No. CD2022-011 (PA2022-030) Site Location: 2761 Bay Shore Drive Council District 3
Liane Schuller, Planning Consultant, provided a brief project description stating that the Applicant is requesting
approval of coastal development permit to demolish an existing single-family residence and construct a
new two-story, approximately 3,400-square-foot single-family residence with an attached three-car garage.
The project complies with all applicable development standards, including setbacks, maximum height, and
parking. Ms. Schuller outlined the findings required to approve the permit and stated staff is recommending
approval.
Applicant Bill Guidero of Guidero Design, on behalf of the property owner, 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. The Zoning Administrator clarified that Condition of Approval #7 should be deleted and Finding A(1)(B) be amended because the referenced Setback Map correction had already been authorized through a Director’s Determination and implemented. Action: Approved as Amended ITEM NO. 7 Gunderson Residence Coastal Development Permit No. CD2021-069 (PA2021-268) Site Location: 139 North Bay Front 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, three-story single-family residence including an attached garage. The project is consistent with development standards. Condition of Approval Number 2 in the draft resolution, related to a private bulkhead, should be deleted as it is not applicable to the project. Applicant Ian Harrison, on behalf of the Owner, Gary Gunderson, 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. 8 Mclain Residence Coastal Development Permit No. CD2022-003 (PA2022-002) Site Location: 2172 East Ocean Front Council District 1 Chelsea Crager, Associate Planner, provided a brief project description stating that the project is a coastal development permit to construct a new, single-story, single-family residence and attached garage. The project is consistent with development standards. An existing single-family residence at the site was demolished in 2020 pursuant to Coastal Development Permit No. CD2019-056. The project is located adjacent to West Jetty View Park, a designated public viewpoint. The project is below the height limitation and floor area limit of the zoning district and includes a larger front setback than required by the zoning district. Condition of Approval Number 2 in the draft resolution, related to a private bulkhead, should be deleted as it is not applicable to the project. A condition of approval should be added to the draft resolution to clarify that hedges in setback areas are subject to NBMC 21.30.040 (Fences, Hedges, Walls, and Retaining Walls). The Zoning Administrator noted that there are currently no large trees proposed along the side property line adjacent to West Jetty View Park, and a condition of approval prohibiting large trees in this location is appropriate to protect public views.
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In response to the Zoning Administrator’s inquiry, Ms. Crager confirmed that Coastal Development Permit No. CD2019-056 allowed for the construction of accessory structures including a wall that has since been constructed.
Applicant Carlton Graham stated that he had reviewed the draft resolution and agrees with all of the required conditions, included the amended conditions. The Zoning Administrator opened the public hearing. One member of the public, Jim Mosher, spoke and stated that he was pleased to see a small structure proposed
in a sensitive view area. Mr. Mosher asked for clarification that the subject property is not required to provide parking for the adjacent property at 2168 East Ocean Front. He noted that there was concern with the previous coastal development permit about encroachment into West Jetty View Park and asked that conditions of approval be updated to clarify that there is no development authorized beyond the confines of private property.
Mr. Mosher noted that some of the project plans show stairs going into the city right of way, which would not be allowed by conditions of approval.
The Zoning Administrator closed the public hearing. In response to the Zoning Administrator’s inquiries, Ms. Crager noted that the subject property is not required
to provide parking for the development at 2168 East Ocean Front, which provides parking onsite. The referenced stairs are shown on the topographic survey illustrating site conditions prior to demolition but have
since been demolished.
Mr. Graham noted that the perimeter wall has been constructed and is approximately 3 inches away from the property line and is entirely within private property.
The Zoning Administrator noted that Condition of Approval Number 2 related to the private bulkhead will be
deleted, Condition of Approval Number 6 will be updated per Mr. Mosher’s suggestion, a condition of approval will be added prohibiting the planting of large trees near the side property line that would impact public views
from West Jetty View Park, and a condition of approval will be added reiterating the hedges are limited to six feet in height in side setback areas and 42 inches in height in the front setback.
Action: Approved as Amended
V. PUBLIC COMMENTS ON NON-AGENDA ITEMS
None.
VI. ADJOURNMENT The hearing was adjourned at 10:37 a.m. The agenda for the Zoning Administrator Hearing was posted on April 8, 2022, at 4:15 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 8, 2022, at 4:00 p.m.