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HomeMy WebLinkAbout12-12-2024_ZA_Minutes Page 1 of 4 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM THURSDAY, DECEMBER 12, 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 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 NOVEMBER 27, 2024 Zoning Administrator Zdeba noted there had been no written comments submitted from the public regarding the minutes and that no members of the public wished to speak. Action: Approved IV. PUBLIC HEARING ITEMS ITEM NO. 2 Lido Bottle Works Minor Use Permit (PA2024-0145) Site Location: 3408 Via Oporto, Suite 102 & 103 Council District 1 Jerry Arregui, Assistant Planner, provided a brief project description stating that a minor use permit is being requested to upgrade an existing Type 41 Beer and Wine Alcoholic Beverage Control (ABC) License to a Type 47 ABC License for Beer, Wine, and Spirits. The request also includes a reduction in closing hour to 11:00 p.m., daily. All other operations will remain unchanged. Lido Bottle Works Restaurant is in the Lido Marina Village and is within the Mixed-Use Water Zoning District. He discussed the parking as being shared among the various tenants in the Lido Marina Village and treated separately under a conditional use permit (CUP) with a parking management plan. The restaurant currently operates under a CUP that was approved by the Planning Commission in 2016. The CUP allows for a Type 41 ABC License, a Type 20 Accessory Off-Sale Beer and Wine ABC License, an outdoor patio with ambient music, and late hours operation (past 11:00 P.M.) with a closing hour of 12:30 a.m., daily. The Newport Beach Municipal Code (NBMC) states that within the Mixed-Use Water District, restaurants with alcohol sales and non-late hour operations with a closing hour of 11 p.m. or earlier are allowed with an approval of a minor use permit (MUP). Restaurants with alcohol sales and with late hours operations past 11 p.m. are allowed with an approval of a CUP. With the proposed hours of operations reduction to 11:00 p.m., a CUP is not required and is instead eligible for an MUP. Assistant Planner Arregui clarified the request does not include any construction, or changes to the floor area. He added that the Newport Beach Police Department (NBPD) reviewed the project and has no objections to the request. The NBPD sees the early closing hour of 11:00 p.m. as an appropriate tradeoff for the request upgrade to a full alcohol license. The NBPD added recommended conditions of approval that have been MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 12/12/2024 Page 2 of 4 incorporated in the draft resolution for the sale of alcohol. If the MUP is approved, the current CUP would be superseded. Zoning Administrator Zdeba opened the public hearing. Applicant Rand Kruse, on behalf of the Property Owner, stated that he has reviewed the draft resolution and agrees with all the required conditions. Zoning Administrator Zdeba addressed written a public comment received regarding spelling of the applicant’s last name and that it will be updated. Seeing that no one from the public wished to comment, the public hearing was closed. Action: Approved as amended ITEM NO. 3 Tang Residence Modification Permit (PA2024-0187) Site Location: 1935 Port Cardiff Place Council District 5 Daniel Kopshever, Assistant Planner, provided a brief project description stating that a modification permit is being requested to allow the construction of 1,140-square-foot addition to an existing 2,508-square-foot single- unit residence with nonconforming parking. The existing 476-square-foot attached garage is nonconforming due to having a substandard depth of 19 feet and 9 inches of interior clear space where the requirement is 20 feet. Title 20 of the Newport Beach Municipal Code (NBMC) limits residential additions to 10% of the existing gross floor area over a 10-year period when the residence has nonconforming parking. The project site is in the Harbor View Hills Planned Community (PC-3) in the low-medium density residential area, which allows for detached single-family residences. The surrounding neighborhood is developed with one to two-story single unit dwellings. The project includes a bedroom, living room, pantry, and bathroom on the first floor and a new balcony, laundry room, and bathroom alterations on the second floor. The addition complies with the applicable development standards including height, setbacks, and lot coverage and is compatible with the surrounding properties. Assistant Planner Kopshever clarified that the subject property’s garage was compliant with all zoning standards at the time of construction with a minimum depth of 18 feet. While it is currently substandard in depth by 3 inches, the garage still provides two usable parking spaces. He added that the driveway in front of the garage allows for additional on-site parking. The addition is not expected to create a demand for on-street parking. The scope of work will not affect the existing garage. Increasing the scope to bring the garage to compliance would require major structural alterations and significant cost with negligible benefit of 3 inches of garage depth. In reducing the scope of work to 10%, the addition would only allow for a 250-square-foot increase in floor area, which would not be of similar benefit to the applicant in comparison to the proposed project. In response to written public comments regarding the CEQA exemption declaration being missing from Section 4 of the resolution, Assistant Planner Kopshever stated that it will be added to the final resolution. Zoning Administrator Zdeba opened the public hearing. Property Owner John Tang stated that he had reviewed the draft resolution and agrees with all the required conditions. 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 12/12/2024 Page 3 of 4 ITEM NO. 4 Dexter River, LLC Residence Coastal Development Permit (PA2024-0095) Site Location: 3910 and 3910 ½ River Avenue Council District 1 Laura Rodriguez, Planning Technician, provided a brief project description stating that a coastal development permit is being requested to demolish an existing duplex and construct a new three story, 2,524-square-foot single-unit dwelling with a 284-square-foot junior accessory dwelling unit and an attached 500-square-foot two- car garage. The existing property is bisected with the City’s permitting jurisdiction and the California Coastal Commission’s (CCC) jurisdiction. Any improvements within the CCC’s jurisdiction requires an approval in concept from the City and separate authorization from the CCC. Improvements within the CCC’s jurisdiction include the modification of the existing deck area, bulkhead, and several portions of site walls. The property is located in the R-2 (Two-Unit Residential) Zoning District and Coastal Zoning District. The project is compliant with all development standards of Title 20 and Title 21 of the Newport Beach Municipal Code (NBMC). The project design is consistent with the neighborhood pattern. Planning Technician Rodriguez stated that a Coastal Hazards Report and Sea Level Rise Analysis was prepared by PMA Consulting on May 27, 2024. The project has been conditioned to raise the private bulkhead to 10.9 feet (NAVD 88). According to the report, the bulkhead should be designed as adaptable to be raised to 14.4 feet (NAVD 88) if needed. The proposed finished floor elevation will be 9.13 feet (NAVD 88), which further complies with the 9-foot minimum for new structures. Planning Technician Rodriguez clarified that a water quality and hydrology plan is required due to the property’s proximity to the shoreline and its location being adjacent to coastal waters. The Water Quality and Hydrology Report was prepared by William D. Rolph on September 17, 2024. The property is located between the nearest public road and sea. Public access is not impacted since the project is replacing an existing duplex with a new single-unit dwelling and a junior accessory dwelling unit. Therefore, there is no change in land use or density. The nearest coastal viewpoint is Newport Island Park which is accessible to the public. The project will not obstruct views from the park since the property is not located between the park and the bay. Vertical access is available at the end of 40th Street and 39th Street. Lateral access is available at Channel Place Park which is a public beach that is approximately 786 feet northwest of the property. In response to written public comments, Planning Technician Rodriguez noted that a typo will be corrected in the final resolution. The project is located in the appealable area of the Coastal Zone. Zoning Administrator Zdeba opened the public hearing. Applicant Nicole Thompson of Brandon Architects, on behalf of the Property Owner, stated that she had reviewed the draft resolution and agrees with all the required conditions. Seeing that no one from the public wished to comment, the public hearing was closed. Action: Approved ITEM NO. 5 122 Via Lido Nord, LLC Residence Coastal Development Permit (PA2024-0144) Site Location: 122 Via Lido Nord Council District 1 Jenny Tran, Associate Planner, provided a brief project description stating that a coastal development permit is being requested to demolish an existing single-unit dwelling and to construct a new single-unit dwelling and two-car garage. The project includes raised decking, accessory structures, and raising an existing bulkhead. Associate Planner Tran noted a spelling error and will be corrected in the final resolution. The property is in Single-Unit Residential (R-1) Zoning District and will comply with development standards of setbacks, open volume parking, and height. A Coastal Hazards and Bulkhead Conditions Report was prepared MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 12/12/2024 Page 4 of 4 for the project. The project will comply with recommendations of raising the bulkhead to 10.9 feet (NAVD 88) with adaptability to raise it in the future if necessary. In response to written public comments regarding the roof plans, Associate Planner Tran clarified there is no pool or fountain on the roof. Zoning Administrator Zdeba opened the public hearing. Applicant Stephen Wan of Olson Architects, on behalf of the Property Owner, stated that he had reviewed the draft resolution and agrees with all the required conditions. 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 10:19 a.m. The agenda for the Zoning Administrator Hearing was posted on December 4, 2024, at 3:05 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 December 4, 2024, at 2:58 p.m.