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HomeMy WebLinkAbout01_02-15-2024_ZA_Minutes - DRAFT Page 1 of 5 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM THURSDAY, FEBRUARY 15, 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 Oscar Orozco, Assistant Planner Jerry Arregui, Planning Technician David Blumenthal, AICP, Consultant Planner Kelly Ribuffo, Consultant Planner II. REQUEST FOR CONTINUANCES None. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF JANUARY 25, 2024 Action: Approved ITEM NO. 2 MINUTES OF FEBRUARY 1, 2024 Action: Approved IV. PUBLIC HEARING ITEMS ITEM NO. 3 Hohberg Residential Condominiums Tentative Parcel Map and Coastal Development Permit (PA2023-0117) Site Location: 407 and 407 ½ Heliotrope Avenue Council District 6 Kelly Ribuffo, Consultant Planner, provided a brief project description stating that the applicant proposes to demolish an existing duplex and construct a new two-unit condominium. The Tentative Parcel Map request is for condominium purposes and a coastal development permit is required. Review of the design for the new building is not within the scope of discretionary approval. To avoid conflict between the proposed tentative parcel map boundaries and the existing building footprint, Condition of Approval No. 2 requires demolition of the existing building prior to recordation of the final map. The condominium project is not subject to the assessment of Fair Share Fees and In-Lieu Park Dedication fees as the project does not result in the net increase of residential units. Consultant Planner Ribuffo stated that no comments nor letters regarding the project were received by staff prior to the public hearing. Eric Aust, Architect, on behalf of the Applicant and Owner, stated that they have reviewed the draft resolution and agree with all the required conditions of approval. Zoning Administrator Zdeba opened the public hearing. No members of the public raised their hand to speak during the public hearing. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 02/15/2024 Page 2 of 5 Zoning Administrator Zdeba closed the public hearing. Zoning Administrator Zdeba noted a Certificate of Compliance was granted in 2014 to recognize the property as a single parcel for development. Action: Approved ITEM NO. 4 Mendocino Farms Minor Use Permit (PA2023-0196) Site Location: 849 Newport Center Drive Council District 5 David Blumenthal, AICP, Consultant Planner, provided a brief project description stating that the Minor Use Permit would be to allow Mendocino Farms with an ABC Type 41 license. He noted that the tenant spaces were formerly occupied by Yard House in the Fashion Island Shopping Center, which is now being divided into four tenant spaces. Mendocino Farms will occupy one of those tenant spaces that measures 2,397 square feet, plus they will have a 286 square foot patio. The limit on hours of operation is 9:00 a.m. until 11:00 p.m., so they will not be operating late hours. There will be no live entertainment. Mr. Blumenthal noted that staff believes the project complies with all provisions of the General Plan and Zoning Code. Applicant Noelia Santiago, on behalf of Mendocino Farms, stated that she had reviewed the draft resolution and agrees with all the required conditions. Zoning Administrator Zdeba opened the public hearing. Jim Mosher stated that the reference to “Alcohol Beverage Control” in the title block of the resolution should instead read “Alcoholic Beverage Control.” Zoning Administrator Zdeba closed the public hearing. Zoning Administrator Zdeba stated the use would fit in well since it is a smaller establishment than the previous use (Yardhouse). He noted that the project meets the required findings and would be exempt from CEQA pursuant to Class 1 of the categorical exemptions of the CEQA guidelines. He noted that the title block of the resolution would be fixed per Mr. Mosher’s comment. Action: Approve as amended ITEM NO. 5 Annual Review of Uptown Newport Development Agreement (PA2023-0186) Site Location: 4311-4321 Jamboree Road Council District 3 Daniel Kopshever, Assistant Planner, provided a brief project description stating that Uptown Newport is a 25- acre, mixed use residential project consisting of 1,244 residential units, two 1-acre parks, and 11,500 square feet of retail space. Undergrounding is expected to be completed by the end of 2024, upon completion of the new connections from overhead to underground, Southern California Edison will be removing the above ground poles. Parkhouse Residences, LLC, obtained building permits for five condominium buildings on the eastern half of lot 1 in September 2021 and all the buildings have now been framed, project completion is expected by the end of the 2nd quarter of 2024. The Uptown Newport Master HOA is expected to be formed and operational for maintenance and management tasks by June 2024. A management company has been contracted to assist the HOA and its board. The One Uptown Affordable Leasing Plan has achieved 98 percent occupancy for the 46 affordable units in the South building of One Uptown Newport and 96 percent occupancy for the 46 affordable units in the North building of One Uptown Newport as of December 2022. Applicant Tom Bitney of Shopoff, on behalf of the Shopoff Realty Invesments, stated that he agreed with the summary of the progress made for the project and had nothing to add. Zoning Administrator Zdeba opened the public hearing. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 02/15/2024 Page 3 of 5 One member of the public, Jim Mosher, asked about a waiting list for the affordable housing, inquired about the public benefit fees, and wondered what happens to the outstanding public benefit fees if the developer does not complete the project by the expiration date of the Development Agreement. Prior to closing the public hearing, Zoning Administrator Zdeba invited Mr. Bitney to address Mr. Mosher’s comments. He was not aware of the current practice for lease-up of the affordable units. Regarding public benefit fees, he noted that they have agreed to pay those fees prior to occupancy, which should be mid-June 2024. Zoning Administrator Zdeba closed the public hearing. He answered the question regarding the horizon date for the Development Agreement. Action: Approved ITEM NO. 6 Starbucks Minor Use Permit (PA2023-0193) Site Location: 2523 Eastbluff Drive Council District 4 Daniel Kopshever, Assistant Planner, provided a brief project description stating that the project is for a proposed Starbucks, and the Minor Use Permit will extend the hours of operation from 6:30 a.m. to midnight to 4:30 a.m. to midnight. The property is located within the Eastbluff Village Center, and the proposed Starbucks would be adjacent to the CVS Pharmacy. Condition of Approval No. 8 of the draft resolution specifies that there shall be no more than five seats inside the establishment and 15 seats on the outdoor patio. To provide more flexibility for the operator, he recommended this condition of approval will be reworded for the final resolution to still allow 20 seats maximum but with less restriction on where the seats shall be located. The project complies with the parking requirements for the site as it is compatible with the Eastbluff Village Center Parking Reduction Staff Approval, which was approved on December 1, 2023. The project does not include alcohol, and has been conditioned to control any odors generated, to prohibit excessive noise, and to prevent delivery and refuse collection conflicts. Staff recommends approval. Applicant Doug Couper of Greenberg Farrow, on behalf of Starbucks and The Irvine Company, 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. 7 Mobil Service Station Comprehensive Sign Program and Modification Permit (PA2023-0183) Site Location: 2201 East Coast Highway Council District 6 Oscar Orozco, Assistant Planner, provided a brief project description stating that the project is a comprehensive sign program with a modification permit request located at 2201 East Coast Highway. The property Is located in the commercial corridor zoning district and coastal zoning district and in the corridor commercial general plan and coastal land use plan category. Assistant Planner Orozco added that the Comprehensive Sign Program includes deviations to install two wall mounted signs on the primary frontage, where the Zoning Code only allows one wall sign, allow two wall mounted signs on the primary fronage that are not located within the middle 50% of the building or tenant frontage, allow for signage on the service station canopy to include text, where only logo signs on the canopies allowed, and the installation of a pylon sign 3 feet from a street and 7 feet 3 inches from the edge of the driveway, where the Zoning Code requires a minimum of 5 feet from a street and 10 feet from the edge of a driveway. The Modification Permit in conjunction with the Sign Program is required for the new pylon sign that is more than 20 percent taller than the four-foot maximum allowed. The double-faced pylon sign area of 71.6 square MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 02/15/2024 Page 4 of 5 feet for the pylon sign is more than 30 percent larger than the 36 square feet maximum allowed. Lastly, for the canopy sign proposed at 11.5 square feet is more than 30 percent larger than the 6 square feet allowed. Assistant Planner Orozco further added that the proposed pylon sign with increased height and sign area provides identification of the service station along Coast Highway and Avocado Avenue. The proposed pylon sign is appropriate for visibility due to the high traffic speeds along coast highway. In addition, the pylon sign provides an opening of approximately 6 feet in height from the base of the sign. It will provide clear sight and pedestrian visibility from Coast Highway. The pylon sign is being proposed in approximately the same location as the existing pylon sign and will not be closer to the front property line, therefore, not affecting sight visibility. The sign will promote identification of the service station without overconcentrating the Property with signage. Lastly, there are a two examples of similar pylon signs located along coast highway in corona del mar. The Chevron service station at 2546 East Coast Highway and the 76-service station at 3400 East Coast Highway both have pylon signs with similar heights and sign areas. Assistant Planner Orozco concluded by stating that the project is categorically exempt under class 11 of CEQA, and that staff recommends approval with the proposed conditions attached. Applicant Eddie Vidales of Donco & Sons, Inc. on behalf of the owner, stated that they 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 the pylon sign appears to be taking up the full sign area on one side and would like clarification on whether it is proposed on the front and back. In addition, Mr. Mosher mentioned that it would be desirable for the open area of the sign to be increased and the sign be made smaller. Zoning Administrator Zdeba asked the applicant if they can confirm that the sign will be double sided. Applicant Eddie Vidales confirmed that the sign will be double sided. Zoning Administrator Zdeba closed the public hearing. Zoning Administrator Zdeba noted that it is important to state that the pylon sign is a double-faced sign. In addition, Zoning Administrator Zdeba confirmed that the sign area calculations section of the Municipal Code says that only one face of double-faced signs counts towards the sign area. Zoning Administrator Zdeba concluded stating that, although larger than the Zoning Code typically contemplates, the signage is appropriate for the site as it is to Caltrans right-of-way which is highly traveled, and it makes sense to have the visibility for the site. The site is tight and smaller than a typical gas station/service facility so the location of the pylon sign is limited as to where it can go to allow adequate site distance, visibility, and safe traversing. Action: Approved as amended ITEM NO. 8 Merz Residence Modification Permit (PA2023-0245) Site Location: 263 Walnut Street Council District 1 Jerry Arregui, Planning Technician, provided a brief project description stating that the subject application is a request for a modification permit to allow for relief from the required garage dimensions to accommodate a remodel of an existing bedroom for Building Code Compliance. Planning Technician Arregui proposed a revision to Condition of Approval No.8 to provide additional language to state that the interior clear dimensions shall be a minimum 20 feet wide by 19 feet, 8 inches deep, unless otherwise approved by the Planning Division. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 02/15/2024 Page 5 of 5 Applicant Elaine Merz, homeowner and applicant stated that she 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 None. VI. ADJOURNMENT The hearing was adjourned at 10:38 a.m. The agenda for the Zoning Administrator Hearing was posted on February 8, 2024, at 2:45 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 February 8, 2024, at 2:37 p.m. Benjamin M. Zdeba, AICP Zoning Administrator February 29, 2024, Zoning Administrator Item 1 Comments These comments on a Newport Beach Zoning Administrator agenda item are submitted by: Jim Mosher (jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229). Item No. 1. Draft Minutes of February 15, 2024 The following minor corrections are suggested: Page 3 of 5,Item 7, paragraph 1, line 3 from end: “...station canopy to include text, where only logo signs on the canopies are allowed, and the installation of a pylon …” Page 4 of 5,full paragraph 1, sentence 2 from end: “Lastly, there are a two examples of similar pylon signs located along coast highway Coast Highway in corona del mar Corona del Mar.” [note: this paragraph reflects what I recall the planner saying about existing pylon signs, but I believe only the proposed sign and the one at 3400 East Coast Highway fit the City’s current NBMC Section 20.42.040 definition of a pylon sign (requiring two or more supports). The existing gas prices sign and that at 2546 East Coast Highway seem to be signage hanging from single poles. Zoning Administrator - February 29, 2024 Item No. 1a Additional Materials Received Draft Minutes of February 15, 2024