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HomeMy WebLinkAbout02-29-2024_ZA_MinutesPage 1 of 3 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM THURSDAY, FEBRUARY 29, 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 Liz Westmoreland, Senior Planner Daniel Kopshever, Assistant Planner Jerry Arregui, Planning Technician II. REQUEST FOR CONTINUANCES None. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF FEBRUARY 15, 2024 Action: Approved as amended IV. PUBLIC HEARING ITEMS ITEM NO. 2 Kamell Residence Coastal Development Permit (PA2023-0115) Site Location: 4005 Seashore Drive (Units A and B) Council District 1 Liz Westmoreland, Senior Planner, provided a brief project description stating that the request is for a coastal development permit (CDP) to allow the remodel and addition to an existing non-conforming 3,694-square-foot duplex. The proposed project includes an addition of approximately 360-square-feet to create an accessory dwelling unit on the third floor. The structure would reach a maximum height of 29 feet and inlcudes a third floor uncovered roof deck. The proposed addition of the accessory dwelling unit requires a CDP. Pursuant to California State Law governing ADUs and Title 20 of the Newport Beach Municipal Code (NBMC), the proposed addition of an accessory dwelling unit (of up to 800 square feet) shall be allowed despite the existing nonconformities of the duplex. Senior Planner Westmoreland added that public comments were received. She acknowledged the typographical errors in the draft resolution and explained that the project complies with the City’s FEMA requirements and Sea Level Rise as it is only an addition of a third floor. However, if the project is modified in a way that requires involvement from FEMA or work on the first floor that could necessitate further changes, an additional Coastal Development Permit would be needed. She also made changes for the record to incorporate justification under the CEQA Determination. Applicant Rafik Kamell, Owner, 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 MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 02/29/2024 Page 2 of 3 ITEM NO. 3 Artisan Property LLC Residential Condominiums Tentative Parcel Map and Coastal Development Permit (PA2023-0190) Site Location: 825 & 825 ½ West Bay Avenue Council District 1 Daniel Kopshever, Assistant Planner, provided a brief project description stating that the project is for a tentative parcel map and a coastal development permit (CDP) for two-unit condominium purposes. The property owner proposes to demolish an existing residential duplex and construct a new two-unit residential condominium building. The project includes conditions of approval requiring public improvements, including the reconstruction of sidewalks, curbs and gutters along the 9th Street, Bay Avenue West frontage, and alley as needed. Existing private improvements (walls) within the Bay Avenue West and 9th Street rights-of-way will be removed. The applicant shall dedicate a 10-foot radius cut-off for street and public utility purposes at the West Bay Avenue and 9th Street intersection and install a new curb ramp at the corner of this intersection. Assistant Planner Kopshever concluded that the project complies with the Local Coastal Program and the proposed subdivision and improvements are consistent with the density of the R-2 Coastal Zoning District. Public comments were received regarding the appeal language in the draft resolution. He noted that would be corrected and included in the final resolution. Applicant Bill Caskey of Bill Caskey and Associates 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. Seeing that no one from the public wished to comment, the public hearing was closed. Action: Approved as amended ITEM NO. 4 Annual Review of Hoag Memorial Hospital Presbyterian Development Agreement (PA2009-064) Site Location: 1 Hoag Drive Council District 2 Jerry Arregui, Planning Technician, provided a brief project description stating that this item is the Annual Review of the Hoag Memorial Hospital Presbyterian Development Agreement (DA). A report covering April 1, 2022, to March 31, 2023, revealed that the majority of improvements made were focused on the interior. The landscape area on the lower campus is in healthy condition as verified by photographs provided by Hoag and a staff site inspection. Noise measurements were not taken at the Villa Balboa or Versailles residential communities this year at the request of both communities. Planning Technician Arregui noted that staff received comments regarding the timeliness of this annual review and states that staff would make a concerted effort to perform the annual review on a more consistent basis moving forward. Mr. Arregui also noted that comments were received regarding the use of Hoag’s public benefits payments and stated that it is used for City efforts to provide services to people experiencing homelessness, as specified in the DA and staff report. Planning Technician Arregui concluded that the staff recommends finding the applicant has remained in good faith compliance with the terms of DA No. 5. Applicant Rosanna Bryant, on behalf of Hoag, stated that Hoag exists to serve the community both from a health and wellness and community benefit standpoint. In response to Zoning Administrator Zdeba’s inquiry about payment, she confirmed that it is Hoag’s intention to fulfil their public benefits payments requirement. Zoning Administrator Zdeba opened the public hearing. One member of the public, Jim Mosher, questioned the timing of Hoag’s public benefits payments and expressed confusion over which periods of time those payments covered, as well as how those payments have been used. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 02/29/2024 Page 3 of 3 Zoning Administrator Zdeba directed the public comments to Mrs. Bryant, and she responded that Hoag’s 2021 public benefits payments would cover through 2023. Zoning Administrator Zdeba reaffirmed the public benefit payments should be paid to the City and future staff reports will be revised to clarify that requirement. He noted that the next payment would likely have occurred outside of this reporting period and would be reported on in the next review. Zoning Administrator Zdeba closed the public hearing. Action: Received and filed, as submitted V. PUBLIC COMMENTS ON NON-AGENDA ITEMS None. VI. ADJOURNMENT The hearing was adjourned at 10:21 a.m. The agenda for the Zoning Administrator Hearing was posted on February 22, 2024, at 3:30 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 22, 2024, at 3:24 p.m.