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HomeMy WebLinkAbout06-13-2024_ZA_MinutesPage 1 of 5 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM THURSDAY, JUNE 13, 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 Laura Rodriguez, Planning Technician II. REQUEST FOR CONTINUANCES None. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF MAY 30, 2024 Action: Approved IV. PUBLIC HEARING ITEMS ITEM NO. 2 Gelatissimo Gelato Minor Use Permit (PA2024-0062) Site Location: 304 Marine Avenue Council District 5 Jerry Arregui, Planning Technician, provided a brief project description stating the item is an application for a minor use permit to allow a gelato shop within an existing 767-square-foot commercial suite. The sale of alcohol and late-hour operations are not proposed as part of this application. The subject property is located on the 300 Block of Marine Avenue on Balboa Island within the Mixed-Use Water Coastal Zoning District. This property is currently developed with a multi-tenant single-story commercial building with three on-site parking spaces, which are accessible through the rear alley. The property is adjacent to a variety of other commercial uses along Marine Avenue as well as residences to the east and west of Marine Avenue. The applicant proposes to convert the existing retail suite into a gelato shop with no seating as the business is expected to serve patrons on an offsite consumption basis. This proposed gelato shop would be categorized as Take-Out Service – Fast Casual use by the Newport Beach Municipal Code (NBMC), which requires approval of a minor use permit to allow operation within the Mixed-Use Water Zoning District if the property is within 100 feet of a residential zoning district. Because the property is located within the Coastal Zone, the property is also subject to conformance with the Local Coastal Program Implementation Plan, which categorizes this use as Take-Out Service--Limited, which only allows for a maximum of six seats, whereas Take-Out Service--Fast Casual allows up to 20 seats. Although the applicant was not proposing any indoor seating, the project had been conditioned to be allowed to provide up to a maximum of six indoor seats, consistent with the Take-Out Service–Limited land use category. An amendment to the Local Coastal Program was pending approval by the California Coastal Commission to include the new Take-Out Service--Fast Casual land use category in the Local Coastal Program. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 06/13/2024 Page 2 of 5 The project had been conditioned to limit hours of operation from 10:00 a.m. to 10:00 p.m. Sunday through Thursday, and 10:00 a.m. to 11:00 p.m. on Friday, Saturday, and holidays. The project had also been conditioned to not include the sale of alcoholic beverages. The property has legal, nonconforming parking due to having only three available parking spaces on site, consistent with many of the other commercial properties on Marine Avenue. The NBMC requires an off-street parking rate of one space per 250 square feet of gross floor area for a Take-Out Service–Fast Casual use. Because the proposed use has a parking rate of one per 250 and the tenant space will not be enlarged, no additional parking is required. Planning Technician Arregui received written correspondence from Jim Mosher. Mr. Arregui addressed the comment about why there is not an increase in parking intensity, by explaining that the existing retail use and proposed take-out service fast casual use have the same parking requirement and no enlargements of suite are proposed as explained in Fact in Support of Finding B.2. He then responded to the Sign Program comment and stated that the proposed Sign Program does not require a public hearing due to the minor signage deviation request, so the two applications did not need to be combined. Staff will revise the interior noise table in Condition of Approval No. 11 to reflect the noise standards specified in Chapter 10.26 of the NBMC. Mr. Arregui recommended to modify Condition of Approval No. 22 to reference Title 20 instead of Title 21 because the application did not include a coastal development permit. Planning Technician Arregui recommended to modify Condition of Approval No. 25 for clarity to read “A maximum of six interior seats shall be allowed for the Project, unless the City’s Local Coastal Program Implementation Plan amendment is approved by the California Coastal Commission to allow a different number of interior seats for Take-Out Service--Fast Casual uses." Zoning Administrator Zdeba asked staff if the conditioned hours of operations were at the request of the applicant or if staff was being flexible with the hours. Mr. Arregui confirmed that the conditioned hours of operation were at the request of the applicant. Applicant Ruben Roman of DesignWork Studios, on behalf of Rey Maninang, 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. Zoning Administrator Zdeba expressed concern regarding the hours of operation in relation to the residences across the rear alley. Zoning Administrator Zdeba added two Conditions of Approval regarding the use of the area behind the establishment on the rear alley. Those conditions were added to prohibit the employees from using the alley for smoking or as a break area and prohibits the pickup and drop-off of employees in the alley. Action: Approved as amended ITEM NO. 3 1331 Antigua Newport Beach LLC Residence Lot Merger (PA2024-0018) Site Location: 600 Seaward Road Council District 6 Laura Rodriguez, Planning Technician, provided a brief project description stating that the request is to merge two abutting lots into one parcel. Planning Technician Rodriguez noted that the property has been utilized as one single-family unit residential development and will continue to remain as is. Legal access to the subject property will remain unchanged as a result of the lot merger. Additionally, Planning Technician Rodriguez noted that while the property is located in the coastal zone, the lot merger will not change the density or intensify the existing land use. Therefore, a coastal development permit would not be required. Planning Technician Rodriguez further noted that staff received public comments from Jim Mosher regarding his concern that a lot merger application would require a coastal development permit due to the change of the buildable area and required setbacks. In response to Mr. Mosher’s comments, staff acknowledged that the City has approved other lot mergers in the past with similar lot configurations in this area without the approval MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 06/13/2024 Page 3 of 5 of a coastal development permit. Ms. Rodriguez reiterated that the application is not proposing any change in density or intensification of the land use since it is remaining as a single unit dwelling. Applicant Elyas Sabzehi, 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 asked how the lot merger would affect the existing setback map in the Local Coastal Program Implementation Plan and the future development of the lot. Planning Technician Rodriguez reiterated that the lot merger would change the existing buildable area and subsequently change the respective setback location. However, she clarified that these changes do affect the existing land use as it will continue to remain as a single-unit dwelling. Zoning Administrator Zdeba clarified that the setback map of concern only regulates the front setback of the property and will not be affected as a result of the Lot Merger. Zoning Administrator Zdeba closed the public hearing. Action: Approved ITEM NO. 4 Doan Residential Condominiums Tentative Parcel Map and Coastal Development Permit (PA2024-0033) Site Location: 2501 Seaview Avenue Council District 6 Laura Rodriguez, Planning Technician, provided a brief project description stating that the request is for a tentative parcel map for two-unit condominium purposes for a new duplex that is under construction. The tentative parcel map will allow each unit to be sold individually. The subject property is located in the R-2 Zoning District and R-2 Coastal Zoning District. Planning Technician Rodriguez noted that a coastal development permit is required for a tentative parcel map. The project is compliant with all development standards of the R-2 Zoning District. Planning Technician Rodriguez recommended that the Zoning Administrator finds the project exempt from CEQA and approves the Coastal Development Permit for the Tentative Parcel Map. Applicant William Rolph, of CivilScapes Engineering, 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 ITEM NO. 5 Aflatoon Residence Coastal Development Permit (PA2024-0051) Site Location: 434 Harbor Island Drive Council District 5 Daniel Kopshever, Assistant Planner, provided a brief description stating that the project is for a Coastal Development Permit to allow the demolition of an existing one-story, single-unit residential dwelling unit and the construction of a new 4,148 square foot two-story residential dwelling unit, a 613 square-foot attached 3-car garage, and a 337 square foot attached accessory dwelling unit. The property is located in the northern area of Harbor Island Drive, about 150 feet from Bayside Drive. This site is fronting the Newport Harbor, and the project includes raising the existing bulkhead to 10.9 feet (NAVD88). The nearest coastal viewpoint is approximately 150 feet northeast of the property, near the intersection of Harbor Island Drive and Bayside Drive and the nearest coastal view road is along Bayside Drive as well. These areas allow for views of the harbor and dwelling units including the subject property. The proposed two-story design is consistent with the existing MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 06/13/2024 Page 4 of 5 neighborhood’s pattern of development and does not result in a change of use or intensity which would impact public coastal access or recreation opportunities. The project will not negatively impact views as it complies with all development standards and will be updating an older structure with a new building using glass and masonry elements which indicate a high-quality design. The nearest lateral access is 150 feet north of the property near Harbor Island Drive and Bayside Drive. Harbor Island Drive does not contain an outlet. Other public access points are south of the site parallel to Beacon Bay and the project does not impact access along these routes. Assistant Planner Kopshever then addressed a public comment from Jim Mosher, stating that Condition of Approval No. 22, which requires compliance with the Newport Beach Municipal Code Chapter 10.26 (Community Noise Control) and includes a table of noise limits, contains a numerical error on the allowed dBA, and is inconsistent with the code in its reference to Mixed Use properties. Assistant Planner Kopshever stated that staff agrees with Mr. Mosher’s suggestion to remove the table and instead cite the chapter of the code in the condition. Applicant Chris Straiter of Sennikoff Architects, on behalf of the Applicant, 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. 6 Allen Residence Coastal Development Permit (PA2024-0063) Site Location: 503 and 503 ½ 36th Street Council District 1 Daniel Kopshever, Assistant Planner, provided a brief project description stating that the project is for a Coastal Development Permit to allow the demolition of a duplex with an attached two-car garage and the construction of a new 2,208 square-foot, three-story, single-unit dwelling and a 291 square foot Junior Accessory Dwelling Unit and an attached 449-square-foot, two-car garage. The property is located on 36th Street near Finley Avenue, which is west of Newport Boulevard and Via Lido. This site is fronting the Rialto area of the Newport Harbor, and the project includes raising the existing bulkhead to 10.9 feet (NAVD88). The nearest coastal viewpoint is approximately 1,000 feet northeast of the property, near the intersection of Central Avenue and Via Oporto. The nearest coastal view road is located along Newport Boulevard. Two rows of residences impede visibility to the subject property from the nearest viewpoint and coastal view road. The existing residential development neither provides nor inhibits public coastal access, and the proposed project will not result in a change in use or increase in density. Coastal access is provided and will continue to be provided by street ends throughout the Balboa Peninsula and the Finley Tract. The nearest vertical access is about 50 feet from the site and allows for access to the edge of the bay for viewing but does not allow access into or along the bay. 36th Street does not contain an outlet and the project will not impact access along the existing routes. This project will not negatively impact views as it updates an older structure with a new building and design which complies with all development standards including the third story setbacks which provide an additional 15-foot setback along the front and rear and an additional 2 feet along the sides. Assistant Planner Kopshever then addressed a public comment from Jim Mosher, stating that staff will remove the noise limit table and instead cite Chapter 10.26 (Community Noise Control) of the Newport Beach Municipal Code for Condition of Approval No. 22. Applicant John Morgan, 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. 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 06/13/2024 Page 5 of 5 V. PUBLIC COMMENTS ON NON-AGENDA ITEMS None. VI. ADJOURNMENT The hearing was adjourned at 10:27 a.m. The agenda for the Zoning Administrator Hearing was posted on June 6, 2024, at 4:30 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 June 6, 2024, at 2:00 p.m.