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HomeMy WebLinkAbout08-29-2024_ZA_MinutesPage 1 of 4 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM THURSDAY, AUGUST 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 Jenny Tran, Associate Planner Jerry Arregui, Assistant Planner Laura Rodriguez, Planning Technician II. REQUEST FOR CONTINUANCES None. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF AUGUST 15, 2024 Action: Approved as amended IV. PUBLIC HEARING ITEMS ITEM NO. 2 Luu Residence Coastal Development Permit (PA2023-0184) Site Location: 1509, 1509 ½, and 1509 ¼ West Balboa Boulevard Council District 1 Jerry Arregui, Assistant Planner, provided a brief project description stating that this application is a request for a coastal development permit to allow the demolition of an existing nonconforming three-unit dwelling to construct a three-story, 2,614-square-foot two-unit residence with a 735-square-foot ADU on the first floor and a 354-square-foot, two-car garage with three additional carport spaces. The property is located within the Two-Unit Residential (R-2) Coastal Zoning District. The three-unit residence has existed since the 1970s. The property is located within the Categorical Exclusion Area of the Coastal Zone. However, because the proposed project has three units, a categorical exclusion order is not applicable and instead a coastal development permit is required. Assistant Planner Arregui noted the project’s three-story design will be consistent with the neighborhood pattern of development. The project conforms to all development standards and no deviation is requested. The project is subject to limited development standards due to the lot being zoned R-2 and 25 feet wide. This includes the waiving of open volume third floor area requirements. A coastal hazards report was not required due to the property not being on the shoreline. The property is located 200 feet from Veterans Park which is identified as a public viewpoint. The project conforms to all applicable development standards and will not have significant impact on coastal views. There will not be an increase in demand to public access to the coast due to the replacement of a three-unit residence from an existing three-unit residence. In response to written public comments received, Assistant Planner Arregui clarified the CEQA exemption and the structure’s proposed height. He stated that staff recommends approval of this Coastal Development Permit with the attached conditions and a revision to the CEQA language for the final resolution. Zoning Administrator Zdeba opened the public hearing. Applicant William Azzalino on behalf of the property owner, Highpoint Holdings, LLC, stated that he had reviewed the draft resolution and agrees with all the required conditions. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 08/29/2024 Page 2 of 4 One member of the public, James Cantwell, spoke and stated his concerns surrounding placement of a survey marker that appears to encroach on his property and shared about infestation issues stemming from the building’s abandonment. He expressed a desire for the City to require the structure to be treated for pests prior to demolition. At the request of Zoning Administrator Zdeba, Mr. Azzalino addressed the comments by clarifying the survey marker as an offset marker and assuring that the three-foot separation from Mr. Cantwell’s property will be maintained. He noted that tenting the structure prior to demolition is not typical practice and would be an extra step that would need to be coordinated with the property owner. Zoning Administrator Zdeba closed the public hearing. Zoning Administrator Zdeba noted the poor condition of the existing abandoned structure and stated the project would be a welcomed improvement. He addressed Mr. Cantwell’s public comment on the abandonment and the request for tenting. He encouraged the applicant and property owner to work with Mr. Cantwell to ensure the construction project is not posing a nuisance. Action: Approved as amended ITEM NO. 3 Hyman Residence Coastal Development Permit (PA2024-0112) Site Location: 909 Almond Place Council District 4 Laura Rodriguez, Planning Technician, provided a brief project description stating that a modification permit is being requested for a 680-square-foot addition to an existing residence. The property is developed with an existing single-unit residence with nonconforming parking due to substandard interior clear garage dimensions. The applicant requests a 12% addition where additions with nonconforming parking are limited to 10% floor area according to the Newport Beach Municipal Code (NBMC). Requests for an increase in floor area exceeding 10% can be done through the granting of a modification permit. Planning Technician Rodriguez clarified that the intent of the project is to provide more living area and any alternatives to the existing design would impact the objective of the project. The property is located in the R-1-6000 Single Unit Residential Zoning District and is not located within the coastal zone. Planning Technician Rodriguez addressed comments received for the project. A neighboring property owner had concerns of the project’s building setback to the property line. No written correspondence stating concerns was provided prior to the hearing. In response to a written public comment, Planning Technician Rodriguez provided clarification of the Zoning Code section requirements for a three-car garage. Staff proposed amending the Facts in Support of Finding B to incorporate NBMC Section 20.40.040 (Off-Street Parking Spaces Required), which demonstrates that detached single-unit dwellings with a floor area of 4,000 square feet or greater requires a three-car garage. Planning Technician Rodriguez also clarified the City’s long-standing practice of minimum interior clear dimensions of 28 feet, 3 inches wide by 20 feet deep for properties that have a lot width of 40 feet or more. Planning Technician Rodriguez stated that staff recommends approval of this Modification Permit under the Class 1 CEQA exemption. Zoning Administrator Zdeba opened the public hearing. Applicant Tyler Wilson of Tyler Wilson Architects, on behalf of the property owner, stated that he had reviewed the draft resolution and he and his client agreed with all the required conditions. Seeing that no one else 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 08/29/2024 Page 3 of 4 ITEM NO. 4 The NOW Massage Minor Use Permit (PA2024-0089) Site Location: 2600 East Coast Highway Council District 6 Jenny Tran, Associate Planner, provided a brief project description stating that an amendment is requested for an existing minor use permit that was previously approved in October 2023. The request is to remove Condition of Approval No. 5 for the number of massage technicians on site. The condition was included due to the parking requirements for massage establishments. Associate Planner Tran referenced a parking study conducted for the on-site restaurant, Sugarfish, which allocated eight parking spaces to the suite. The Newport Beach Municipal Code (NBMC) allows the adjustment to the parking with the approval of the use permit with the adjustment of one space per 250 square feet. The condition was imposed on the use permit to limit the number of employees onsite to free up parking spaces for customers. Associate Planner Tran indicated the original parking study prepared stated there are 84 parking spaces on the site; however, staff and the applicant met on the site and verified that there are 88 parking spaces. The parking table was updated for accuracy and shown in the staff report. The table indicates that the massage establishment can provide the minimum 10 parking spaces and deficiency is only 17 spaces whereas the parking study conducted for Sugarfish Restaurant had indicated a 19-space parking deficiency. Associate Planner Tran addressed correspondence received for the project citing the parking justification is sound. The comment also referenced the removal of the temporary outdoor patio from Bamboo Bistro which was blocking several street parking spaces and may reduce the demand of onsite parking. She highlighted that all operational characteristics are remaining the same and no construction changes are proposed and stated that staff recommends approval of the amendment to the Minor Use Permit. Zoning Administrator Zdeba opened the public hearing. Applicant Michael Nash, business owner, stated that he had reviewed the draft resolution and agrees with all the required conditions. No one else from the public wished to comment. Zoning Administrator Zdeba added a condition of approval requiring all employees to park onsite. Mr. Nash agreed to the added condition of approval. The public hearing was closed. Action: Approved as amended V. PUBLIC COMMENTS ON NON-AGENDA ITEMS None. VI. ADJOURNMENT The hearing was adjourned at 10:21 a.m. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 08/29/2024 Page 4 of 4 The agenda for the Zoning Administrator Hearing was posted on August 22, 2024, at 1:30 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 August 22, 2024, at 12:47 p.m.