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HomeMy WebLinkAbout01_05-16-2024_ZA_Minutes - DRAFT Page 1 of 5 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM THURSDAY, MAY 16, 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 Melinda Whelan, Assistant Planner Jerry Arregui, Planning Technician Laura Rodriguez, Planning Technician II. REQUEST FOR CONTINUANCES None. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF APRIL 25, 2024 Action: Approved IV. PUBLIC HEARING ITEMS ITEM NO. 2 Balthasar Residence Coastal Development Permit (PA2024-0027) Site Location: 239 Via Lido Soud Council District 1 Melinda Whelan, Assistant Planner, provided a brief project description stating that the request is for a coastal development permit to demolish an existing single-unit residence and construct a new 3,684-square-foot, single-unit residence including an attached 561-square-foot, two-car garage. The structure would reach a height of approximately 24 feet and includes two stories. The existing bulkhead is generally in good condition and will remain in place with minor alterations. The project also includes additional appurtenances such as site walls, fences, patios, landscaping, and drainage devices. The design complies with all development standards including height, setbacks, and floor area limit, and no deviations are requested. 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. 3 Doggie Daycare…And More, Inc. Minor Use Permit (PA2023-0248) Site Location: 1555, 1557 & 1559 Placentia Avenue Council District 2 Jerry Arregui, Planning Technician, provided a brief project description stating that this item is an application for a minor use permit to allow an animal daycare business with overnight boarding within an existing commercial building. The subject property is within Industrial Zoning District and located on the southwestern corner of Placentia Avenue and Production Place. It is currently developed with a 6,600-square-foot, single-story multi-tenant commercial building with an on-site parking lot at the rear. The property is adjacent to light industrial uses along Production Place and multi-unit residential developments such as the Ebb Tide Residences to the east across MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 05/16/2024 Page 2 of 5 Placentia Avenue and the Newport Villa Apartments to the south, which is separated by an approximately 8’ tall wall as required by the Newport Beach Municipal Code (NBMC). The applicant is requesting to merge three existing commercial tenant suites into one 6,600-square-foot animal daycare establishment with overnight boarding of animals, where staff is onsite at all times. The proposed use would use an open floor plan style of animal boarding where animals can play with staff. The establishment also provides ancillary animal grooming services. All animal boarding and grooming activities are proposed to remain within the interior of the building. This type of use would be categorized as an Animal Boarding Use by the NBMC, which requires approval of a minor use permit to allow operation within the Industrial Zoning District. The ancillary animal grooming services are allowed by right in the Industrial zoning district. The proposed improvements to the property include interior alterations of the building to accommodate the animal daycare business, the striping of the parking lot into a one-way parking lot with 17 parking spaces in compliance with the parking requirement for animal boarding and grooming uses. The existing building is of concrete construction with an insulated roof which will aid in the attenuation of noise to the surrounding neighborhood. The Applicant is proposing to construct an interior water-proofed soffit, enclose existing doors, and install full height walls behind the roll up doors for additional soundproofing. The Project has been conditioned to keep all doors and windows closed to reduce the potential of noise disturbances to the surrounding community. The proposed hours of operation for the pick-up and drop-off of animals are from 6:30 am to 7:00 pm on Weekdays and 7:00 am to 7:00 pm on weekends with overnight boarding allowed daily with a limit of 59 animals in the establishment at any given time as conditioned. The project has also been conditioned that once the use is operational, the Community Development Director may require the applicant to provide an acoustical analysis and implement any additional sound attenuation measures if necessary. This project also includes minor modifications to the exterior of the building including, replacing the rooftop equipment, signage, and repainting the building. The project as proposed complies with all applicable development standards and no deviations from the NBMC are requested. The project has also been conditioned to apply for a kennel operator’s license with the Newport Beach Police Department. Staff is recommending changes to Conditions of Approval Nos. 6, 24, and 28 for clarification. Staff is also recommending adding a condition related to mechanical equipment. Consequently, Conditions of Approval Nos. 6, 24, and 28 would now become 5, 25, and 29 respectively. The project has been reviewed by the Planning Division, Building Division, Public Works Department and Police Department. Staff has included Conditions of Approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. Staff did not receive any written correspondence regarding this application. Applicant, Rosanne Faul, of Doggie Daycare…And More, Inc., stated that the business is currently operation in the Costa Mesa where they have been operating for over 10 years without any noise or other complaints. Ms. Faul emphasized that Doggie Daycare... And More, Inc. has been a good neighbor and an added benefit to the community. She stated that she had reviewed the draft resolution and agrees with all the required conditions. Zoning Administrator Zdeba asked Planning Technician Arregui if he contacted the City of Costa Mesa to confirm if there had been any complaints of this establishment. Planning Technician Arregui mentioned that he contacted City of Costa Mesa Code Enforcement and confirmed there were no noise related complaints for this establishment at their current location. Zoning Administrator Zdeba opened the public hearing. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 05/16/2024 Page 3 of 5 One member of the public, Tonya Hoogendyk HOA President and resident of the Ebb Tide Residences, voiced concerns regarding potential noise, traffic, and parking for the proposed animal boarding establishment. She also mentioned that the Ebb Tide Residents currently make odor nuisance complaints to a neighboring industrial establishment. In response to the comment, the applicant stated that all operations are indoors, and no animals will be walked outside. All odors will be inside. The daycare has been inexistence for 10 years in Costa Mesa on Newport Boulevard and all noise has been contained. She welcomed neighbors to speak to her regarding any issues and believes that her business will be a fit in the neighborhood and does not that there will be any issues with the surrounding neighbors. The parking lot will be striped with 17 parking spaces which will be used by customers and the typical three to five staff members so there will be plenty of parking and the operation will not be taking any parking spots in the neighborhood. Zoning Administrator Zdeba closed the public hearing. Zoning Administrator acknowledged that the project has been conditioned as to ensure the establishment adheres to limiting operation to the interior of the building and that the location of the drop-off and pick-up area for this establishment is screened by the building from the Ebb Tide Residences. Zoning Administrator Zdeba added a condition to the project to require that employees of this establishment park on-site. Zoning Administrator Zdeba reiterated that if the project were to receive noise complaints, the project has been conditioned to provide a noise study which would recommend sound attenuation measures to be implemented which is a safeguard for the project to be compatible with the neighborhood. Action: Approved as amended ITEM NO. 4 Whitaker Residence Coastal Development Permit (PA2024-0043) Site Location: 55 Saratoga Council District 4 Daniel Kopshever, Assistant Planner, provided a brief project description stating that the project is for a coastal development permit to allow the removal of an existing single-story manufactured home and the installation of a new single-story manufactured home in compliance with state law. A permit from the Department of Housing and Community Development (HCD), has been obtained by the applicant. The proposed development includes improvements to the existing entry stairs, concrete driveway, and patio. The home will be approximately 1,049 square feet and total structures including steps, landings, and awning would be approximately 1,327 square feet. The proposed height of the home is 16 feet from existing grade. The approved site plan provides a typical lot configuration with a single parking space and outdoor living areas, all in substantial conformance with the Use Permit for the overall site. The project site is approximately 175 feet from Coast Highway, which is a public coastal view road, and is about 150 feet from the Newport Bay. The project will replace an existing single-family manufactured home with a new single- family manufactured home which maintains a building envelope consistent with the existing pattern of development in Bayside Village. Therefore, the project does not have the potential to degrade the visual quality of the Coastal Zone or result in significant adverse impacts to public views, nor is there an increase in density or change in use. The project includes standard Conditions of Approval to ensure best management practices are implemented throughout construction. The applicant was not present to provide comment; however, Assistant Planner Kopshever indicated he had received no objections to the Conditions of Approval from the applicant. Zoning Administrator Zdeba opened the public hearing. Seeing that no one from the public wished to comment, the public hearing was closed. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 05/16/2024 Page 4 of 5 Action: Approved ITEM NO. 5 506 Capital Group Residential Condominiums Coastal Development Permit and Tentative Parcel Map (PA2023-0201) Site Location: 506 & 506 ½ Avocado Avenue Council District 6 Daniel Kopshever, Assistant Planner, provided a brief project description stating that the project is for a coastal development permit and tentative parcel map for two-unit condominium purposes. The property owner has demolished an existing residential duplex and proposes to construct a new two-unit residential condominium building. A coastal development permit is required for the tentative parcel map for condominium purposes. A building permit has been obtained, as the property is within the Categorical Exclusion Order area which allows for the demolition of residential structures and the reconstruction of a new two-unit residential structure without obtaining a coastal development permit. The new duplex is 3,131 square feet with an attached 386- square-foot garage. The property is located on Avocado Avenue between Second Avenue and Third Avenue and is zoned Two-Unit Residential (R-2). The property is over 1,000 feet from the bay and the approval of the map will not affect public recreation, access, or views. The project includes Conditions of Approval requiring public improvements, including the reconstruction of damaged sidewalks, curbs and gutters along Avocado Avenue, and the adjacent alley as needed. Conditions of Approval from the Public Works Department also state that existing private improvements (namely brick pavers) within the Avocado Avenue parkway shall be removed and replaced with new turf or other drought tolerant landscaping and a new 36-inch box street tree shall be planted within the parkway along the Avocado Avenue frontage. The proposed subdivision and its associated improvements are consistent with the R-2 Coastal Zoning District. There is no proposed change in density, and the development is consistent with the existing neighborhood’s pattern of development. Applicant Alain Gulezyan of IDL Home Inc., on behalf of the 506 Capital Group, 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, Stephen Zwick, spoke and stated that there is an inconsistency with the report as the structure has not been fully demolished and the land is not vacant. Mr. Zwick strongly objected to the project citing concerns of density and building bulk. Zoning Administrator Zdeba closed the public hearing. Zoning Administrator Zdeba confirmed with Assistant Planner Kopshever that a permit was issued for demolition, and that the existing conditions at the property are a small front unit and a rear unit. Zoning Administrator Zdeba then reiterated that the demolition and reconstruction is permitted by right, only the tentative parcel map requires the coastal development permit and that there are conditions associated with the project to make public improvements and allow for separate ownership of the units. Mr. Zwick was then encouraged to work with Assistant Planner Kopshever to coordinate communication with the building inspector and Code Enforcement as needed if an issue arises during construction. Action: Approved ITEM NO. 6 Porteous Residential Condominiums Tentative Parcel Map and Coastal Development Permit (PA2024-0012) Site Location: 516 & 516 ½ Acacia Avenue Council District 6 Laura Rodriguez, Planning Technician, provided a brief project description stating the request for the approval of a tentative parcel map and coastal development permit for two-unit condominium purposes. The property is in the R-2 (Two-Unit Residential) Zoning District and R-2 (Two-Unit Residential) Coastal Zoning District. Due to the property being in coastal zone, a coastal development permit is required for a tentative parcel map. The Tentative Parcel Map will allow each unit to be sold individually. An existing residential duplex has been demolished and a new two-unit condominium building is under construction. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 05/16/2024 Page 5 of 5 Planning Technician Rodriguez stated that additional language will be included in Conditions of Approval Nos. 3, 8, 13, and 21. Such language is to clarify as to when each of those Conditions of Approvals are to be completed by. Lastly, Ms. Rodriguez noted that the property is not located in a coastal appeal area. Blair Porteous, 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 V. PUBLIC COMMENTS ON NON-AGENDA ITEMS None. VI. ADJOURNMENT The hearing was adjourned at 10:40 a.m. The agenda for the Zoning Administrator Hearing was posted on May 9, 2024, at 12:20 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 May 9, 2024, at 12:15 p.m. Benjamin M. Zdeba, AICP Zoning Administrator May 30, 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 May 16, 2024 The following minor corrections are suggested: Page 1 of 5,Item 3, paragraph 2, sentence 1: “The subject property is within the sIndustrial Zoning District and located on the southwestern corner of Placentia Avenue and Production Place.” Page 2 of 5,paragraph 4 from end, sentence 1: “Applicant, Rosanne Faul, of Doggie Daycare…And More, Inc., stated that the business is currently operation operating in the Costa Mesa where they have been operating for over 10 years without any noise or other complaints.” Page 3 of 5,paragraph 2, sentences 3 and 4: “The daycare has been inexistence in existence for 10 years in Costa Mesa on Newport Boulevard and all noise has been contained. She welcomed neighbors to speak to her regarding any issues and believes that her business will be a fit in the neighborhood and does not believe that there will be any issues with the surrounding neighbors.” Page 4 of 5,Item 6, paragraph 1, sentence 3: “Due to the property being in the coastal zone, a coastal development permit is required for a tentative parcel map.” Zoning Administrator - May 30, 2024 Item No. 1a Additional Materials Received Draft Minutes of May 16, 2024