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HomeMy WebLinkAbout01_12-14-2023_ZA_Minutes - DRAFT Page 1 of 4 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM THURSDAY, DECEMBER 14, 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): Benjamin M. Zdeba, AICP, Zoning Administrator Chelsea Crager, Senior Planner David Lee, Senior Planner Liz Westmoreland, Senior Planner Joselyn Perez, Associate Planner II. REQUEST FOR CONTINUANCES None. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF NOVEMBER 30, 2023 Action: Approved as amended. IV. PUBLIC HEARING ITEMS ITEM NO. 2 Social Pies Restaurant Minor Use Permit (PA2023-0112) Site Location: 106 Main Street Council District 1 Joselyn Perez, Associate Planner, described the request for a minor use permit to allow a food service, eating and drinking establishment to upgrade from a Type 41 (On-Sale Beer and Wine – Eating Place) Alcoholic Beverage Control (ABC) to a Type 47 (On-Sale General – Eating Place) ABC license. Additionally, the request includes a minor tenant improvement on the restaurant’s first floor to remove seats and add a bar top with seating. She described surrounding land uses, noted the property’s Mixed-Use Vertical (MU-V) and Parking Management (PM) Overlay zoning, and provided an overview of past entitlements. Ms. Perez stated that all respective departments had reviewed the current proposal and specifically noted that the Newport Beach Police Department had no objections. Ms. Perez acknowledged that the project site is within the coastal zone and noted that the project does not add floor area or increase parking demand and is not an intensification of use and therefore, no coastal development permit is required. Applicant David Nola of Vice Legal, on behalf of the owner Erwin Glicksman, stated that he had reviewed the draft resolution and agrees with all the required conditions. Zoning Administrator Zdeba opened the public hearing. One member of the public, Jim Mosher, spoke and questioned if the Balboa Village Parking Management (PM-1) Overlay District is effective and whether operators need to encourage ride sharing options in lieu of providing onsite employee parking. Mr. Mosher corrected a grammatical error within the project description in reference to bar top seating. Zoning Administrator Zdeba asked Associate Planner, Joselyn Perez to confirm if the project is reliant on PM-1 Overlay for approval. Ms. Perez clarified that the project is not dependent on the PM-1 Overlay, as the project merely adds menu items and is not land use intensification requiring additional parking. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 12/14/2023 Page 2 of 4 Zoning Administrator Zdeba also asked Ms. Perez to confirm that no seats will be placed on the bar top, which she confirmed. Zoning Administrator Zdeba closed the public hearing. Action: Approved ITEM NO. 3 Azelart Residence Lot Merger (PA2023-0168) Site Location: 2319 Heather Lane Council District 3 Chelsea Crager, Senior Planner, provided a brief project description on behalf of Daniel Kopshever, Assistant Planner stating that the project is a lot merger application for two properties under common ownership to remove the lot line across the existing interior property line. Ms. Crager provided a property site description stating that the front property is developed as single-family residence while the rear of the lot functions as a backyard to the existing home. Subsequently to the proposed Lot Merger, while the lot will be larger, the property will be compliant with zoning development standards. Additionally, Ms. Crager clarified that while the property is located within the Coastal Zone, a Coastal Development Permit would not be required since there is no change in density. She added that it is also exempt from the California Environmental Quality Act pursuant to Section 15315 under Class 15 (Minor Land Divisions). Ms. Crager stated that a public comment was provided by Jim Mosher regarding a project in Humboldt County regarding the right-of-way and its requirement for a Coastal Development permit. However, Ms. Crager noted the example provided is not relative to the nature of this project and its proposal since it involved the actual vacation of right-of-way. Applicant and owner Oscar Almendarez stated that he had reviewed the draft resolution and agrees with all the required conditions. Zoning Administrator Zdeba opened the public hearing. One member of the public, Jim Mosher, spoke and stated that he believes lot mergers within the Coastal Zone do require a Costal Development Permit. Zoning Administrator Zdeba noted that the subject property has acted as a single-unit development and is zoned appropriately. Zoning Administrator Zdeba further noted that all findings have been appropriately addressed. Zoning Administrator Zdeba closed the public hearing. Action: Approved ITEM NO. 4 Andry Residence Coastal Development Permit (PA2023-0150) Site Location: 31 Beacon Bay Council District 5 Liz Westmoreland, Senior Planner, provided a brief project description on behalf of Daniel Kopshever, Assistant Planner, stating that the request is for a coastal development permit to allow the demolition of an existing two-story residential single unit development, and the construction of a new single unit development with an attached garage and an attached Accessory Dwelling Unit (ADU). The development complies with all applicable Newport Beach Municipal Code standards. Ms. Westmoreland addressed public comments that were provided by an anonymous sender. One of the public comments pertained to the lack of availability of public records including plans of the subject property. Ms. Westmoreland clarified that plans of subject property may be viewed in person during the City’s business hours but cannot be distributed electronically as it would require written authorization in order for those plans to be distributed to a member of the general public. Additionally, another public comment was related to structural height concerns regarding a proposed elevator. Ms. Westmoreland stated a condition of approval was set to require the elevator to comply with the 29-foot height limit. Subsequently, another public comment had concern over overall height of the home and Ms. Westmoreland clarified that other properties in the area have similar structural height. Another public comment MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 12/14/2023 Page 3 of 4 from the anonymous sender and Jim Mosher related to the design of the home. However, Ms. Westmoreland clarified that the City does not have specific regulations related to architectural style and that the project is subject to comply development standards. She further clarified that design review may be overseen by the HOA. Lastly, a public comment related to the ADU and whether it is considered ‘attached’ or ‘internal’. Ms. Westmoreland stated while it is nuanced in this example, it is more conservative to assume attached. Subsequently, the ADU is compliant with parking requirements since it is within half a mile from a bus stop. Therefore, parking is waived. Applicant Dave Delagoso, on behalf of the owner Donte Andry, stated that he had reviewed the draft resolution and agrees with all the required conditions. Zoning Administrator Zdeba 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. 5 Mendes Residence Coastal Development Permit (PA2023-0025) Site Location: 208 Via Lido Nord Council District 1 David Lee, Senior Planner, provided a brief project description on behalf of Oscar Orozco, Assistant Planner, stating that the request is for a coastal development permit to allow the demolition of an existing single-unit residence and construction of a new 2,503 square-foot single-unit residence and an attached 422 square-foot two car garage. Additionally, the project includes the reinforcement and raising of the existing bulkhead. The project also includes landscaping, hardscaping, and site walls. Applicants David and Stephen Wan of Olsen Architects, on behalf of the Vivien Vander Poel Mendes Family Trust, stated that they had reviewed the draft resolution and agrees with all the required conditions. Zoning Administrator Zdeba opened the public hearing. Seeing that no one from the public wished to comment, the public hearing was closed. Action: Approved ITEM NO. 6 Griley Residence Coastal Development Permit and Tentative Parcel Map (PA2023-0125) Site Location: 2592 Arbor Drive and 2596 Crestview Drive Council District 2 David Lee, Senior Planner, provided a brief project description on behalf of Oscar Orozco, Assistant Planner stating that the request is for a coastal development permit and tentative parcel map to allow the demolition of two existing single-unit residences adjacent to one another and the construction of two new single-unit residences. A new 534-square-foot, one-story single-unit residence and an attached 437-square-foot garage will be constructed at 2592 Arbor Drive, and a new 3,269-square-foot, two-story single-unit dwelling and an attached 576-square-foot garage will be constructed at 2596 Crestview Drive. The new residence’s proposed construction complies with all applicable development standards. The tentative parcel map will adjust the location of the property line between the two properties and includes a request for a deviation from the design standards of Title 19 (Subdivisions) for lot width and area. The proposed tentative parcel map will shift the interior property line between two legal parcels 1’-9” feet to the west and the land taken from the 2592 Arbor Drive parcel will be added to the 2596 Crestview Drive parcel. The new residences would comply with all applicable development standards. Mr. Lee stated that public comments were made by Mr. Jim Mosher regarding clarity on the existing structures. Mr. Lee clarified that staff can add more details to the title of the resolution to include the entire scope of work including the demolition of the existing two single family residences as it originally discussed the movement of the property line only. Additionally, Mr. Lee noted that staff can update the resolution to also include Title 21 standards. Mr. Lee also verified that the development standards for lot width are identical to Title 21 which was originally addressed by Assistant Planner, Oscar Orozco. However, Title 21 standards will be included. Mr. Lee also clarified that GIS sources are not the only sources used during review. Lastly, Mr. Lee clarified that the floor plan will be revised, specifically, in reference MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 12/14/2023 Page 4 of 4 to the verbiage from “bar” to “kitchen”. Mr. Lee requests conditions two through four to be removed which are related to the coastal hazard’s waiver of protection as the project site is not waterfront. Zoning Administrator Zdeba wanted to clarify that the nature of this project is not further reducing density and requested Mr. Lee to make the appropriate changes. Applicant Ali Samsami, on behalf of the Brian Griley, stated that he had reviewed the draft resolution and agrees with all the required conditions. Zoning Administrator Zdeba opened the public hearing. Seeing that no one from the public wished to comment, the public hearing was closed. Action: Approved as amended V. PUBLIC COMMENTS ON NON-AGENDA ITEMS Zoning Administrator Zdeba addressed a public comment received by Jim Mosher regarding no final resolutions being uploaded onto the City’s website from the November 30th Zoning Administrator Meeting. The Zoning Administrator addressed the administration team’s mistake and acknowledged staff for their work. One member of the public, Jim Mosher concurred with Zoning Administrator Zdeba’s previous statements. He then commented on the approval of Item No. 3 from the November 30th meeting and questioned the way City Staff has been instructed to properly process similar types of applications. He addressed an amendment to Title 21 of the NBMC that the City made to allow for larger additions on residential units. The amendment was approved by the Coastal Commission with some modifications which include existing structures that block public views and the other for existing non-conforming structures in areas subject to coastal hazards. He expressed a belief that the site location is in a coastal hazard area. He did not agree with staff’s analysis and facts to support the findings for Item No. 3. VI. ADJOURNMENT The hearing was adjourned at 10:38 a.m. The agenda for the Zoning Administrator Hearing was posted on December 7, 2023, at 4:20 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 7, 2023, at 4:20 p.m. Benjamin M. Zdeba, AICP Zoning Administrator January 25, 2024, Zoning Administrator Agenda Comments Comments submitted by: Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229) Item 1. Draft Minutes of December 14, 2023 The following corrections are suggested: Page 3, sentence 2 from end: “Mr. Lee also verified that the development standards for lot width are identical to Title 21 20 which was originally addressed by Assistant Planner, Oscar Orozco.” Page 3, Item V, paragraph 2: “One member of the public, Jim Mosher concurred with Zoning Administrator Zdeba’s previous statements. He then commented on the approval of Item No. 3 from the November 30th meeting and questioned the way City Staff has been instructed to properly process similar types of applications. He addressed an amendment to Title 21 of the NBMC that the City made to allow for larger additions on to nonconforming residential units. The amendment was approved by the Coastal Commission with some modifications which include preclude additions to existing structures that block public views and the other for existing non-conforming structures or are in areas subject to coastal hazards. He expressed a belief that the site location is in a coastal hazard area. He did not agree with staff’s analysis and facts to support the findings for Item No. 3.” Zoning Administrator - January 25, 2024 Item No. 1a Additional Materials Received Draft Minutes of December 14, 2023