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HomeMy WebLinkAbout03-14-2024_ZA_MinutesPage 1 of 3 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM THURSDAY, MARCH 14, 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 Jerry Arregui, Planning Technician II. REQUEST FOR CONTINUANCES None. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF FEBRUARY 29, 2024 Action: Approved IV. PUBLIC HEARING ITEMS ITEM NO. 2 Gagnon Residence Modification Permit (PA2024-0007) Site Location: 4515 Hampden Road Council District 6 Jerry Arregui, Planning Technician, provided a brief project description stating that this item is an application for a modification permit to allow an 812-square-foot, or 26%, addition to an existing single-story, single- unit residence with a two-car garage that is considered legal nonconforming due to its interior dimensions. The requested addition would be compatible with the surrounding development as the addition will not be increasing the height of the residence, reducing any existing setbacks, and will remain below the 60% lot coverage limitation. The project’s approval is conditioned such that the existing garage dimensions will be kept clear of any obstructions and the garage will be permanently available and maintained for parking purposes. Planning Technician Arregui acknowledged that comments were received from Jim Mosher regarding the existing nonconforming setback and how the nonconforming sections of the Newport Beach Municipal Code work together with different percentages. Staff noted that the addition is 26% which is below the 50% threshold identified by Section 20.38.040 (Nonconforming Structures) but is over the 10% addition threshold identified by Section 20.38.060 (Nonconforming Parking) of the NBMC, which is why a modification permit is required. Planning Technician Arregui noted he would add additional language to the statement of facts within the resolution, as well as additional square footage to provide more clarity. Staff would also revise the typographical error is the statement of facts. Applicant Rebecca Freise of Station F, LLC, on behalf of the Kris and Julie Gagnon, 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 MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 03/14/2024 Page 2 of 3 ITEM NO. 3 Haag Residence Coastal Development Permit (PA2023-0214) Site Location: 4003 and 4003 ½ Marcus Avenue Council District 1 Jerry Arregui, Planning Technician, provided a brief project description stating this item is a request for a coastal development permit to allow the demolition of an existing 2,785-square-foot duplex to construct a new three-story, 2,629-square-foot, single-family residence with a 354-squarefoot attached junior accessory dwelling unit (JADU) and a 449-square-foot attached two-car garage. The project also includes the raising and reinforcing of an existing bulkhead to an elevation of 10.9 feet (NAVD 88) for protection against coastal hazards. This property is in the R-2 Coastal Zoning District and is in a neighborhood that is predominantly developed with two- and three-story, two-unit residences. The proposed three-story design will be consistent with the existing pattern of development and expected future development. All development standards for this project have been met and no deviations of the Newport Beach Municipal Code (NBMC) had been requested. Planning Technician Arregui mentioned that the property is located approximately 300 feet from Newport Island Park which is identified as a public viewpoint by the coastal land use plan; however, the project conforms to all development standards and maintains a building envelope consistent with the existing neighborhood pattern of development. Therefore, the project does not have the potential to result in significant impacts to coastal views. The project will replace an existing duplex with a single-unit residence with an accessory-dwelling unit (ADU) so there is no net increase in density for the project and no increased demand for public access to the coast. Planning Technician Arregui acknowledged that comments were received from Jim Mosher in regard to Fact in Support of Finding A.2 and why it was referencing as a Fact in Support of Finding B. Staff clarified that A.2 is related to the Department of Housing and Community Development (HCD) confirming that ADUs qualify as dwelling units for replacing a duplex and therefore there in no increasing in density that would increase public access to the beach. Applicant John Morgan, on behalf of the Stephen Haag, 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 Anderson Residence Modification Permit (PA2023-0216) Site Location: 2616 Clay Street Council District 2 Daniel Kopshever, Assistant Planner, provided a brief project description stating that the project is for a modification permit to allow an addition of approximately 37% of the existing floor area of a single-family residence with non-conforming parking. The current gross floor area is 1,961 square feet and the property owner has applied for a 738 square foot addition to accommodate a new bedroom, office, and bathroom on the second floor and a new family room on the first floor. After the project was noticed and the staff report was distributed, the applicant expressed the desire to increase the floor area by an additional 80 square feet, bringing the addition to 818 square feet. Assistant Planner Kopshever noted that the increase is in substantial conformance with the applied for scope. The project includes a condition of approval requiring that the parking spaces in the garage are permanently available and maintained for parking purposes. Mr. Kopshever stated that a modification permit is required for an addition of over 10% of the existing floor area to a residential structure with non-conforming parking. One of the two existing garage parking spaces is considered nonconforming due to the width. Three wood beams located in the garage which are integral to the structure, are obstructing the required clear space. The obstructed space is 9 feet 3 and ½ inches wide where the width requirement is 10 feet. Mr. Kopshever concluded by addressing a public comment from Jim Mosher, stating that the CEQA exemption language should and will be included in the final resolution, as recommended by the Staff Report and section two of the Resolution. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 03/14/2024 Page 3 of 3 Applicant Wayne Rizzo of WMR Design, on behalf of the Owners, Tom and Summer Anderson 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 CDM Properties LLC Residential Condominiums Coastal Development Permit and Tentative Parcel Map (PA2023-0235) Site Location: 303 Goldenrod Avenue Council District 6 Seeing no interested members of the public in attendance for this item, Zoning Administrator Zdeba asked for an abbreviated presentation. Daniel Kopshever, Assistant Planner, stated that the project is for a Tentative Parcel Map and Coastal Development Permit for condominium purposes. Zoning Administrator Zdeba stated that the project is straightforward, and a project description can be omitted from the hearing. Applicant Matthew Watson of Watson Legal Group, on behalf of the Company CDM Properties LLC, 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 V. PUBLIC COMMENTS ON NON-AGENDA ITEMS One member of the public, Jim Mosher, commented that he found it helpful to navigate through the staff reports when bookmarked Table of Contents are included. Zoning Administrator Zdeba responded by acknowledging the comment and mentioned that this is something that can likely be included for future reports. VI. ADJOURNMENT The hearing was adjourned at 10:19 a.m. The agenda for the Zoning Administrator Hearing was posted on March 6, 2024, at 2:40 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 March 6, 2024, at 2:50 p.m.