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HomeMy WebLinkAbout01-25-2024_ZA_MinutesPage 1 of 4 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM THURSDAY, JANUARY 25, 2024 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 Daniel Kopshever, Assistant Planner Jenny Tran, Assistant Planner Melinda Whelan, Assistant Planner Laurel Reimer, Consultant Planner II. REQUEST FOR CONTINUANCES Zoning Administrator Zdeba reported that staff requested Item Number 6 be continued to the meeting of February 01, 2024. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF DECEMBER 14, 2023 Action: Approved as amended IV. PUBLIC HEARING ITEMS ITEM NO. 2 Irwin Residence Coastal Development Permit (PA2023-0123) Site Location: 7 Beacon Bay Council District 5 Melinda Whelan, Assistant Planner, provided a brief project description stating that a coastal development permit is requested to allow the demolition of an existing single-unit residence and the construction of a new, three-story, 4,595-square-foot single-unit residence including a 617-square-foot, three-car garage. The request also includes a coastal variance to Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code (NBMC) to allow an encroachment into the front setback. The encroachment consists of a patio cover that extends within six inches of the front property line on the water with half of the patio on the westerly side and up to half of the front to be enclosed by glass for sun and wind protection pursuant to an existing variance (VA342) approved in 1957 for the residential block along the water. The existing Variance (VA342) is vested pursuant to Title 20 (Planning and Zoning) of the NBMC and runs with the land. However, that variance was not carried over into Title 21 (Local Coastal Program Implementation Plan), thus requiring the variance. The proposed development includes additional appurtenances such as walls, fences, patios, hardscape, drainage devices, and landscaping. The project was previously heard and approved by the Zoning Administrator on October 26, 2023. The project was later appealed due to concerns regarding the patio cover encroachment. The project has been revised to include the request for a variance to Title 21 of the NBMC for the patio encroachment. Mrs. Whelan addressed written public comments received from Mr. Jim Mosher by sharing that a coastal hazards report prepared by PMA consulting analyzed the site along the bay with no waves and at entry of the harbor. With 10.5 finished floor, the project is conditioned with waterproofing at 10.9 feet NAVD88, which was also provided as a detail on the plans at 10.95 feet NAVD88. The project also accommodates future site walls to be built at 14.4 feet NAVD88 if required for sea level rise. Therefore, the report concluded that the structure will be protected for the 75-year-life of structure, Section 21.30. 110D.4.is an exception allowing awning encroachment; however, the existing variance does not meet exception, so the requested coastal development permit variance is a deviation from the setback map Section 21.80.040, corrections made to grammatical errors, MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 01/25/2024 Page 2 of 4 similar encroachment Variances referenced are Variance 0587 for Lido Island and Variance 0482 for Harbor Island, the encroachment is visible from the beach adjacent the properties but not visible from any CLUP, identified Coastal Views Points or Coastal View Roads, and Condition No. 4 the word “shall comply” was added to clarify the responsibility of the applicant and language was added to require the glass panels to provide minimum etching to prevent bird strikes. Applicant Ian Harrison, Architect, on behalf of the Owner, 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 explained he was not trying to prevent the owner from having the encroachment but wanted a closer look at the process and findings of Title 21. Mr. Mosher also asked for clarification on the sea level rise protection with the waterproofing curb and verified that future protection would be waived. Mrs. Whelan responded that the proposed curb at 10.95 feet NAVD88 will protect the structure for the 75-year-life at the assessed risk. However, the Coastal Hazards Report also identifies block walls as part of the project as needed for sea level rise up to 14.4 feet NAVD88. The sandy beach is leased tidelands and does appear that a comprehensive City and Coastal bulkhead would be feasible or allowed. Ian Harrison stated the standard detail for the curb at 10.95 feet NAVD88 is provided on the plans. Zoning Administrator Zdeba closed the public hearing. Zoning Administrator Zdeba added that the waiver of future protection is intended to prevent improvements beyond the block walls that were included as part of the proposed project as needed. In addition, he stated that Title 21, although in place for six years now, staff will still find nuances and address them as they come up including matters like these Variances that have historically run with the land. Action: Approved as amended ITEM NO. 3 Sedrak Residence Coastal Development Permit (PA2023-0132) Site Location: 421 Edgewater Place Council District 1 Melinda Whelan, Assistant Planner, provided a brief project description stating that a coastal development permit is requested to allow the remodel and addition to an existing 2,714-square-foot single-unit dwelling. The proposed addition is approximately 200 square feet and includes a new third floor at 29-feet-tall, with covered and uncovered decks. The addition is greater than a 10-percent increase in height, therefore the proposed project requires a CDP. The proposed development includes additional appurtenances such as walls, fences, patios, hardscape, drainage devices, and landscaping. Mrs. Whelan also addressed grammatical errors in the resolution for Finding A, Fact 6. Applicant Jodi Ditolla, on behalf of the Owner, stated that she had reviewed the draft resolution and agrees with all the required conditions. Zoning Administrator Zdeba opened the public hearing. One member of the public, Greg O’Loughlin, spoke and stated that his father lives across the alley and has more general comments on the buildout of all the properties within the neighborhood from two-story to three story causing a loss of neighborhood character over the years. Zoning Administrator Zdeba closed the public hearing. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 01/25/2024 Page 3 of 4 Zoning Administrator Zdeba addressed Mr. O’Loughlin and thanked him for his comment. He explained that the City of Newport Beach does not have a design review committee. It is inevitable the zoning codes change and sea level rise spurs changes in height, but the comment is not directly related to this project alone. Action: Approved as amended ITEM NO. 4 Balboa Yacht Club Limited Term Permit (PA2023-0167) Site Location: 1801 Bayside Drive Council District 6 Laurel Reimer, Consultant Planner, provided a brief project description stating that the subject application is a request for a coastal development permit and limited term permit, for more than 90 days, to allow two temporary kitchen trailers while the Balboa Yacht Club’s permanent kitchen is remodeled. The trailers would be driven to the site and parked side-by-side in a boat storage area just outside the clubhouse dining room. The trailers would not require construction because they are self-contained prefabricated units. A temporary ramp, access stairs and deck would be attached to the trailers, and direct service access to the dining room would be provided through existing stairs. The trailers would connect to the property’s existing electricity, water, and sewer utilities. Upon completion of the permanent kitchen, the temporary kitchen trailers would be driven offsite. Ms. Reimer addressed public comments submitted by Mr. Jim Mosher who was seeking additional information about the utility connections. She explained how the trailers would connect to the site’s existing sewer, water, and electrical. Applicant Gary Wiggle of Keisker and Wiggle Architects, on behalf of the Balboa Yacht Club, stated that he had reviewed the draft resolution and agrees with all the required conditions. Prior to going to the public for comments, Zoning Administrator Zdeba noted that the appeal period on the draft resolution needed to be updated to reflect Title 21’s appeal standards. Zoning Administrator Zdeba opened the public hearing. One member of the public, Jim Mosher, noted that a condition of approval requires the Building Division to review the grease interceptor and asked if there is also a need for the Utilities Department to review and verify the utility connections and grease interceptor. Zoning Administrator Zdeba closed the public hearing and clarified that Public Works staff serve as an extension of the Utilities Department and will be consulted as necessary. Action: Approved as amended ITEM NO. 5 Moinfar Residence Coastal Development Permit (PA2023-0157) Site Location: 2401 Bay Shore Drive Council District 2 Daniel Kopshever, Assistant Planner, provided a brief project description stating that the application is for a coastal development permit for a 487-square-foot addition and remodel to an existing single-unit dwelling. The remodeling will include converting existing habitable space on the first floor into a new, 281-square-foot junior accessory dwelling unit (JADU). A public comment for the project regarding grammar surrounding the deed restriction for the JADU was addressed and incorporated into the staff report and resolution. A minor inconsistency with square footage on the plans was identified, and as this will not affect any development standard thresholds, Mr. Kopshever stated that the inconsistency will be addressed during plan check. Applicant Pat Austin of Cynthia Childs Architects, on behalf of the owner Mike Moinfar, stated that he had reviewed the draft resolution and agrees with all the required conditions. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 01/25/2024 Page 4 of 4 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. 6 Genesis Automobile Minor Use Permit, Minor Site Development Review, Modification Permit and Tentative Parcel Map (PA2023-0094) Site Location: Council District 2 Action: Continued to the February 1, 2024, Zoning Administrator meeting. V. PUBLIC COMMENTS ON NON-AGENDA ITEMS None. VI. ADJOURNMENT The hearing was adjourned at 10:43 a.m. The agenda for the Zoning Administrator Hearing was posted on January 18, 2024, at 10:50 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 January 18, 2024, at 11:01 a.m.