Loading...
HomeMy WebLinkAbout03-16-2023_ZA_MinutesPage 1 of 6 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM THURSDAY, MARCH 16, 2023 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, Senior Planner Joselyn Perez, Associate Planner Afshin Atapour, Assistant Planner Oscar Orozco, Assistant Planner Liane Schuller, Planning Consultant II. REQUEST FOR CONTINUANCES None. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF MARCH 2, 2023 Action: Approved as amended IV. PUBLIC HEARING ITEMS ITEM NO. 2 Boone Residence Coastal Development Permit (PA2022-033) Site Location: 408 Via Lido Nord Council District 1 David Lee, Senior Planner, provided a brief project description stating that the project is a coastal development permit for the demolition of an existing single-family residence and construction of a new single-family residence, which includes the alteration to an existing seawall to relocate the existing walkway. He discussed the zoning district and stated that the project complies with all applicable development standards. Mr. Lee discussed the coastal hazards report which concludes that the wall as designed is adequate as a protective device and is adaptable to be raised in the future if necessary. He also stated that the City has permitting jurisdiction for the alteration of the existing seawall and that an additional statement of fact would be added to the final resolution. He requested that the Zoning Administrator add two conditions of approval, one which prohibits the use of mechanized equipment on public property and the other which states that the approval does not authorize improvements within Coastal Commission jurisdiction. Finally, he requested that the Zoning Administrator modify Condition of Approval No. 2, which clarifies that it is an alteration of the existing seawall instead of the reconstruction of the seawall. Applicant Jacquelyn Gentes, on behalf of the Owner, stated that she had reviewed the draft resolution and agrees with all the required conditions. Zoning Administrator Murillo 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. 3 Karahalios Residence Coastal Development Permit (PA2022-125) Site Location: 607 and 607 ½ North Bay Front Council District 5 MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 03/16/2023 Page 2 of 6 Liane Schuller, Planning Consultant, provided a brief project description stating that the project is a coastal development permit to demolish an existing duplex and construct a new single-residential unit and junior accessory dwelling unit with an attached 2-car garage. The project site is located in the Balboa Island residential zone which is intended for single and two-unit residential development. As explained in the staff report, the City has obtained a confirmation from the State Department of Housing and Community Development that replacement of two existing dwelling units with a single-unit and accessory dwelling unit or junior accessory dwelling unit complies with housing density standards and does not result in a loss of residential density. Table 1 on page 3 of the staff report summarizes project compliance with applicable development standards, including setbacks, floor area, height, and parking. The finished floor elevation is 9.13 feet, which complies with the minimum 9-foot elevation standard. The site fronts the public boardwalk and is protected by an existing City-owned boardwalk that will remain in place. The applicant is not able to raise the bulkhead, and for this reason the coastal hazards report prepared for the project recommends alternative future mitigation measures such as waterproofing, flood- shields, water-tight doors, flood walls and other similar techniques should the need arise. With the implementation of such measures, the report concludes that the project will be safe from coastal flooding hazards for the anticipated economic life of the project. The project complies with all applicable Local Coastal Plan development standards and does not include any features that would degrade the visual quality of the coastal zone or restrict public access to coastal resources. The project qualifies for a Class 3 CEQA exemption, which is typical for this type of development. Approval of the project is recommended, subject to the conditions of approval in the draft resolution. Ms. Schuller presented several simple revisions to the draft resolution clarifying the existing development is a duplex, the proposed development includes a junior accessory dwelling unit, and added Fact 11 in support of Finding A (handwritten page 12) explaining project compliance with the Housing Crisis Act of 2019. Applicant Jeff Van Voorhis of Brandon Architects, on behalf of the property owner, stated that he had reviewed the draft resolution and agrees with all the revised findings and required conditions. Zoning Administrator Murillo 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 Hedge Residence Coastal Development Permit (PA2022-0187) Site Location: 1400 West Bay Avenue Council District 1 Liane Schuller, Planning Consultant, provided a brief project description stating that the Project is a coastal development permit to demolish an existing single-residential unit and construct a new single-residential unit less than 4,000 square feet in size with an attached 2-car garage. The project site is protected by an existing bulkhead which will be reinforced and capped to meet current coastal hazard protection standards. Table 1 on page 3 of the staff report demonstrates project compliance with applicable development standards, including setbacks, floor area and height. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 03/16/2023 Page 3 of 6 The finished floor elevation is 9.00 feet, which complies with the minimum 9-foot elevation standard. The existing bulkhead is 8.4 feet in height and will be reinforced and raised to an elevation of 10.9 feet with the adaptability to be increased to 14.4 feet in the future if needed. The coastal hazards report prepared for the project concludes that once the bulkhead is reinforced and raised in height, the project will be safe from coastal flooding hazards. The project complies with all applicable local coastal plan development standards and does not include any features that would degrade the visual quality of the coastal zone or interfere with public access to coastal resources. As outlined in the staff report, vertical and lateral access to the waterfront exists at several points along the peninsula. There is expansive beach area along West Oceanfront on the south side of the peninsula. On the harbor side nearest the project site, nearby Veterans and Marina Parks provide waterfront access and amenities. The project qualifies for a Class 3 CEQA exemption, which is typical for this type of development. Approval of the project is recommended, subject to the conditions of approval in the draft resolution. Applicant Jeff Van Voorhis of Brandon Architects, on behalf of the owners, stated that he had reviewed the draft resolution and agreed with all the required conditions. Zoning Administrator Murillo opened the public hearing. Seeing that no one from the public wished to comment, the public hearing was closed. Action: Approved ITEM NO. 5 Horton Residence Coastal Development Permit (PA2022-0254) Site Location: 76 Linda Isle Council District 5 Afshin Atapour, Assistant Planner, provided a brief project description stating that this is for a coastal development permit to allow the demolition of an existing single-family residence and construction of a new 5,344-square-foot, two (2)-story, single-family residence with an attached 852-square foot three (3)-car garage. The project includes landscape, hardscape, drainage, and accessory structures all within the confines of the property. The project complies with all development standards and no deviations are requested. All improvements authorized by this CDP will be located on private property. Applicant Marcus Hernandez of Rost Architects, on behalf of Steve Horton, stated that he had reviewed the draft resolution and agreed with all the required conditions. Zoning Administrator Murillo requested that staff revise the draft resolution to move Fact number 1 from Finding B to Finding A. Zoning Administrator Murillo 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. 6 Sanderson Residence Coastal Development Permit (PA2022-0295) Site Location: 6104 West Ocean Front Council District 1 Afshin Atapour, Assistant Planner, provided a brief project description stating that this is for a coastal development permit (CDP) to allow the demolition of an existing single-family residence and the construction of a new 3,675-square-foot, three (3)-story, single-family residence with an attached 525-square-foot, two (2)-car garage and a 196-square-foot, one (1)-car covered carport. The proposed development also includes MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 03/16/2023 Page 4 of 6 additional appurtenances such as walls, fences, patios, hardscape, drainage devices, and landscaping. The project complies with all development standards and no deviations are requested. All proposed improvements are located within the confines of private property. No development is proposed to the existing 15-foot-deep west ocean front encroachment area on the beach. Applicant Oscar Almendarez, on behalf of Chase Sanderson, stated that he had reviewed the draft resolution and agreed with all the required conditions. Zoning Administrator Murillo requested that staff revise the draft resolution to move Fact numbers 3 and 4 from Finding B to Finding A. Zoning Administrator Murillo 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 Real Food Companies Minor Use Permit (PA2022-109) Site Location: 561 Newport Center Drive Council District 5 Oscar Orozco, Assistant Planner, provided a brief project description stating that the request is for a minor use permit to allow an existing café located in Fashion Island to obtain a Type 41 ABC license (On Sale Beer and Wine). Mr. Orozco clarified that the request does not include changes to the floor plan or the hours of operation and is only adding menu options. The request was reviewed by the City’s Police Department, and they found no objections. The recommendations from the Police Department have been incorporated into the resolution as Conditions of Approval. Applicant Ronnie Givargas of Real Food Companies, stated that he had reviewed the draft resolution and agrees with all the required conditions. Zoning Administrator Murillo 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 ARC Private Dining Room Minor Use Permit (PA2022-105) Site Location: 501 30th Street Council District 1 On behalf of Benjamin M. Zdeba, AICP, Principal Planner, David Lee, Senior Planner, provided a brief project description stating that the request is for a minor use permit for a small 10-seat private dining room in conjunction with an existing restaurant located at 417 30th Street (ARC Butcher and Baker). He stated that the proposed dining room would replace an existing retail establishment as well as remove an existing Type 20 Alcoholic Beverage Control (ABC) license. He stated that the proposed dining room would utilize ARC Butcher and Baker’s Type 41 and Type 58 ABC licenses, and further described operational characteristics. Lastly, he indicated that the City’s Police Department reviewed the project and has no objections. Applicant Marín Blom stated that she had reviewed the draft resolution and agrees with all the required conditions. Zoning Administrator Murillo opened the public hearing. Seeing that no one from the public wished to comment, the public hearing was closed. Action: Approved ITEM NO. 9 Casablanca The Restaurant Minor Use Permit and Operator License (PA2022-0208) MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 03/16/2023 Page 5 of 6 Site Location: 6800 West Coast Highway Council District 1 Joselyn Perez, Associate Planner, provided a comprehensive overview of the project stating that the request is for a minor use permit and operator’s license to add a Type 41 Beer and Wine Alcoholic Beverage Control License and limited live entertainment to a restaurant space. She described the surrounding land uses, project zoning, and explained why a coastal development permit is not included. She provided an overview of the restaurant floor plan and a history of the project site. She then stated that the operator will be moving into the existing space with no physical alterations and the minor use permit and operator’s license will allow the applicant to serve beer and wine and offer live entertainment in the form of a single dancer performing to pre- recorded music. Performances will be for 15 minutes, twice a night, between the hours of 7pm and 9pm. The dancer will be visiting tables within the indoor dining area only. Windows and doors shall be shut during the performances. She stated that the Police Department has reviewed the project, has no objection to the proposal, and their recommendations have been included in the draft resolution. Lastly, she described the considerations for determining parking demand and concluded that the proposed project does not result in an increase in demand for parking and is not an intensification of use. Lastly, she described the public comments received on the proposal and reiterated that the project has been conditioned to help ensure compatibility with the surrounding neighborhood. Zoning Administrator Murillo clarified that a new restaurant operator would be able to operate by right under the existing use permit, as use permits run with the land, and the addition of alcohol and entertainment are requiring the amendment to the use permit. He then asked staff to confirm the hours of operation for the new restaurant with Ms. Perez responding that the new restaurant operator will be reducing the permitted hours of operation. Zoning Administrator Murillo inquired about the trash enclosure with Ms. Perez responding that the trash enclosure is covered, and the project is conditioned so that the operator must maintain the trash enclosure. Lastly Zoning Administrator Murillo described the operator’s license and asked Ms. Perez to confirm that while a use permit runs with the land, an operator’s license is required for any new owner or operator, which she confirmed. Zoning Administrator Murillo asked the Applicant, Mr. Abder Amokrane of Casablanca the Restaurant, if he would oppose a condition of approval prohibiting music on the outdoor patio. Mr. Amokrane responded that he would not and agrees with all of the other required conditions. Zoning Administrator Murillo opened the public hearing. Three members of the public spoke. Mrs. Rita Lund stated that she would like the entertainment to be limited to weekends, no music or entertainment on the outdoor patio, and for employees to park in the municipal lot. Mrs. Joan Steen stated her concern regarding parking and noise. Mr. Brett Fairbanks stated his concern regarding parking. Zoning Administrator Murillo closed the public hearing. Zoning Administrator Murillo directed staff to add a condition of approval prohibiting music and entertainment on the outdoor patio and a clarification to Condition of Approval No. 33 for the number and duration of the performances. Action: Approved as amended V. PUBLIC COMMENTS ON NON-AGENDA ITEMS None. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 03/16/2023 Page 6 of 6 VI. ADJOURNMENT The hearing was adjourned at 11:09 a.m. The agenda for the Zoning Administrator Hearing was posted on March 9, 2023, at 8:30 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 March 9, 2023, at 8:35 a.m.