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HomeMy WebLinkAbout01_01-30-2025_ZA_Minutes - DRAFT Page 1 of 6 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM THURSDAY, JANUARY 30, 2025 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 Melinda Whelan, Assistant Planner II. REQUEST FOR CONTINUANCES None. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF JANUARY 16, 2025 Action: Approved IV. PUBLIC HEARING ITEMS ITEM NO. 2 Mario’s Butchery Minor Use Permit (PA2024-0185) Site Location: 1000 Bristol Street North (Suites 29 and 30) Council District 3 Melinda Whelan, Assistant Planner, provided a brief project description stating that the applicant requests a minor use permit to allow the expansion of an existing Take-Out service -- Fast-Casual eating and drinking establishment within an existing commercial shopping center. The project would allow the business to expand into the adjacent suite. No late hours (after 11:00 p.m.), live entertainment, or alcohol service is requested as part of the application. The business would include a maximum of 20 seats including the outdoor dining area. If approved, this Minor Use Permit would supersede Specialty Food Service Permit No. SF0023 and Outdoor Dining Permit No. OD0063. Assistant Planner Whelan added that Mario’s Butchery has had no Code Enforcement complaints on record since they established in 2020. Zoning Administrator Zdeba opened the public hearing. Applicant and property owner, Kimberly Woloson of Newport Plaza, LLC, on behalf of Mario’s Butchery, 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. 3 Sixt Rent a Car LLC Car Wash Limited Term Permit (PA2024-0209) Site Location: 4200 Birch Street Council District 3 Daniel Kopshever, Assistant Planner, provided a brief project description stating that the applicant requests the approval of a limited term permit from February 13, 2025 to February 13, 2026 to allow the cleaning of fleet MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 01/30/2025 Page 2 of 6 vehicles for Sixt Rent a Car on a site bound by Birch Street, Dove Street, Scott Drive, and the Benihana Restaurant. The property contains an existing car-wash facility consisting of a car wash tunnel, a structure for auto-detailing, and a canopy connecting the two structures housing gas pumps. The proposed operations include handwashing and vacuuming of company rental vehicles inside the car wash tunnel. No construction is required to implement the project. Five parking spaces are dedicated to employee parking and five parking spaces are dedicated to fleet vehicle staging. If approved, the business would operate from 7:00 a.m. to 11:00 p.m. daily. An estimation of 40 vehicles will be cleaned on site per day, and no overnight storage of vehicles is allowed at the subject property. In reply to Zoning Administrator Zdeba’s inquiry, Assistant Planner Kopshever confirmed that the subject property will be open to employees only and no members of the public will visit the subject property. Mr. Kopshever confirmed and stated that up to four employees will be on site at any one time. Zoning Administrator Zdeba suggested that a condition of approval be added to state that the site be for back-of-house operations only and not open to members of the public. This would preclude the site from becoming a rental car facility that can be accessed by customers. Applicant Mikaela Azuaga, on behalf of the Sixt Rent a Car, stated that she had reviewed the draft resolution and agrees with all the required conditions including the newly suggested condition of approval. 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 Clarke Residence Coastal Development Permit (PA2024-0118) Site Location: 127 Harbor Island Road Council District 5 Jerry Arregui, Assistant Planner, provided a brief project description stating that the request is for a coastal development permit to allow the demolition of an existing single-unit dwelling to construct a new two-story, 7,868-square-foot, single-unit dwelling with three garage parking spaces. The project also includes the raising and reinforcing of an existing bulkhead for protection against coastal hazards. This property is in the R-1 Coastal Zoning District and all development standards for this project, including but not limited to setbacks, floor area, height and parking have been met and no deviations of the municipal code have been requested. A coastal hazards report and bulkhead conditions report was prepared for this project, and both conclude that the raising and reinforcing of the existing bulkhead at an elevation height of 12.8 feet (NAVD 88) will protect the property from coastal hazards for the next 75 years. The reinforced bulkhead will maintain the existing bulkhead line without further seaward encroachment. Assistant Planner Arregui mentioned that the property is located approximately 900 feet from a public viewpoint, near the corner of Harbor Island Road and Bayside Drive; however, the project is not visible from that location due to the intervening structures. The property is also within the general view as seen from other public viewpoints above the property. The project conforms to all applicable development standards and maintains a building envelope consistent with the existing pattern of development and expected future development. Therefore, the project does not have the potential result in significant impacts on public views. The project is located entirely within the confines of private property, except for improvements to the driveway within the public right-of-way, and does not include any features that would obstruct access along the bayside drive public walkway or any of the nearby public beach access locations. Zoning Administrator Zdeba opened the public hearing. Owner James Clarke 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 MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 01/30/2025 Page 3 of 6 ITEM NO. 5 Hoag Memorial Hospital Presbyterian CareMar Medical Building Coastal Development Permit (PA2024-0188) Site Location: 3900 West Coast Highway (Lower Campus) Council District 2 Jerry Arregui, Assistant Planner, provided a brief project description stating that an application was filed by Hoag Memorial Hospital to request a coastal development permit to construct a new two-story, approximately 28,000-square-foot medical building with outdoor patios at an existing surface parking lot on the Lower Campus of Hoag Hospital. The first floor would support a 28-bed short-stay residential care program that operates 24 hours a day, seven days a week, where patients can stay up to 45 days. The second floor would support six outpatient therapy group classrooms, for up to 86 patients daily, and is planned to operate Monday to Friday from 8:00 a.m. to 9:00 p.m. The Lower Campus of the Hoag Hospital property is located within the PC-38 Coastal Zoning District and the proposed project would require approval of a coastal development permit. PC-38 specifically regulates the development of Hoag Hospital, which allows for the development of outpatient uses, residential care and other support service uses within the Lower Campus. Therefore, the proposed uses are consistent with the permitted uses on the Lower Campus. The proposed project will comply with all development standards required by PC-38 as evidenced by Table 1 in the staff report, including but not limited to setbacks, development limits, and height. The subject property is located below Sunset Park Lane, which is designated as a Coastal View Road by the Coastal Land Use Plan. Staff’s site evaluation revealed that the proposed two-story design, inclusive of proposed patio, is consistent with the existing pattern of development of the Lower Campus and will not affect the existing views afforded from Sunset Park Lane. Additionally, the applicant has provided a section which indicates that the Project will not inhibit views to the coast across the property. The project complies with all applicable Local Coastal Program and PC-38 development standards and maintains a building envelope consistent with the existing pattern of development of the Lower Campus. 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. The project has been reviewed for compliance with the California Environmental Quality Act and has been determined to follow the Certified Environmental Documentation for the entire hospital campus. Assistant Planner Arregui acknowledged that several comments letters for the project, many of whom reside within the Newport Marina Villas, who raised concerns regarding traffic and noise. He stated that the proposed project was reviewed by the Public Works Department for compliance with the Traffic Phasing Ordinance and forecasted that the project would generate 275 daily average trips and therefore, further traffic analysis would not be required. Because of the project’s low number of forecasted trips and the existing high volume of vehicles on Coast Highway, the projected new traffic would be negligible and is not expected to increase noise beyond the existing level of noise produced by Coast Highway. Staff acknowledged that Condition of Approval No. 14 and 15 regulate construction related noise and noise produced from the use once in operation. He acknowledged a comment from the Newport Marina Villas resident who requested a sound wall to be built along their property abutting Coast Highway and stated that although the request was beyond the scope of the project being presented to the Zoning Administrator for consideration, staff was working to coordinate a meeting with the appropriate parties per the Newport Marina Villas request. At the request of Zoning Administrator Zdeba, Socheata Chhouk, Associate Civil Engineer, provided a brief explanation of the traffic analysis conducted for the project. Applicant Roxanna Bryant, on behalf of Hoag Memorial Hospital Presbyterian, stated that she had reviewed the draft resolution and agrees with all the required conditions. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 01/30/2025 Page 4 of 6 Zoning Administrator Zdeba opened the public hearing. Stephen Osterman, resident of Newport Marina Villas, stated that they have concerns regarding noise levels due to the traffic on Coast Highway and requests that a sound wall be installed on his property. Susan McCarthy, resident of Newport Marina Villas, stated that they have concern with the amount of noise on the Lower Campus of Hoag property and that noise is increasing every year. Dan Rotter, resident of Newport Marina Villas, stated that they have concerns about the traffic on Coast Highway and requests a sound study and sound wall be installed. Greg Martin, resident of Balboa Coves, stated that the Newport Beach Police Department (NBPD) should be more proactive with traffic enforcement along Coast Highway. Mr. Martin has concerns that the project may bring more homeless individuals to the area and questioned the use of the building and who would seek services in the building. Mark Wilser, resident of Villa Balboa at 200 Paris Lane, stated concerns about tree height, lighting, and the use of the patios. Robert Hennon, resident of Newport Marina Villas, stated concerns about noise. Jim Roy, resident and HOA president of Newport Marina Villas, expressed concerns about noise and dust associated with the project’s construction. Zoning Administrator Zdeba gave the Applicant an opportunity to speak and address any of the comments provided. Roxanna Bryant stated that Hoag Memorial Hospital Presbyterian has continued to fulfil their Agreement with the City (Development Agreement No. 5) and the proposed project has been designed to meet all requirements of this agreement. Ms. Bryant stated that Hoag does not have any knowledge or documentation of any agreement with the Newport Marina Villas to build a sound wall. Ms. Bryant also stated that the outdoor patios will be used by patients to access outdoor spaces. Ms. Bryant stated that the project will comply with all noise requirements of the development agreement. Zoning Administrator Zdeba added a condition of approval to require the Applicant to submit a construction management plan for the project prior to building permit issuance. Zoning Administrator Zdeba closed the public hearing. Zoning Administrator Zdeba asked staff if they have any knowledge of why the Newport Marina Villas does not have a 10-foot sound wall along their property like the Balboa Coves community. Assistant Planner Arregui stated that staff researched the documentation on file for the Coast Highway expansion in this area. The Environmental Impact Report (EIR) that was prepared for the expansion did not specify that any noise mitigation was necessary for the Newport Marina Villas since it had an existing wall; however, it did specify that noise mitigation was required for Balboa Coves community and a 10-foot soundwall was installed. Zoning Administrator Zdeba stated that this is a unique application inasmuch as the only application being considered is a coastal development permit, which has narrow findings addressing Coastal Act compliance and especially maintaining and enhancing public access and views. Much of Hoag’s development entitlement has been previously vetted through the establishment of the PC-38 Development Plan and the Development Agreement. The proposed project is sensitive to the Coastal View Road above the site and does not impact access to coastal resources. He understood the community’s concerns regarding noise but believed that the project’s construction would not create perceptible noise increases and further reemphasized the project’s compliance with the Traffic Phasing Ordinance. Lastly, he commended Hoag for being a good neighbor and implored a continuation of this effort as it is mutually beneficial to both Hoag and the surrounding residents. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 01/30/2025 Page 5 of 6 Action: Approved as amended ITEM NO. 6 Cappy’s Café Minor Use Permit, Coastal Development Permit, and Lot Merger (PA2023- 0191) Site Location: 5930 West Coast Highway and 205, 206, and 207 60th Street Council District 1 Jenny Tran, Associate Planner, provided a brief project description stating that the request is for a minor use permit and coastal development permit for an outdoor dining patio for the existing restaurant, Cappy’s Café. The restaurant is located on two underlying lots and the outdoor dining patio will be located on another underlying lot. Additionally, the project includes portions of the required parking on three separate lots. All aforementioned lots are under common ownership. As such, the project also includes a request for a lot merger to merge the three underlying contiguous lots for the restaurant and outdoor dining patio. Associate Planner Tran provided a brief background of the temporary outdoor dining patio that was allowed during the COVID-19 Pandemic, as well as the parking spaces that encroached on the abutting property known as the Seminiuk Slough since the 1960s. A condition of approval is included for the owner to obtain rights for the use of private property. If the use is no longer available for the owner, the City shall be notified, and steps will be taken to bring the parking into compliance. Associate Planner Tran also recommended changes to the conditions of approval including removing three conditions from the Fire Department that were included in error, modifying Condition of Approval No. 1 for clarity, and adding a new condition of approval to prohibit customer parking along 60th Street. Applicant Coralee Newman of Government Solutions as well as the owner, Tim Campbell, stated that they had reviewed the draft resolution and agrees with all the required conditions including the recommended changes to the 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 11:17 a.m. The agenda for the Zoning Administrator Hearing was posted on January 23, 2025, at 5:35 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 January 23, 2025, at 5:27p.m. Benjamin M. Zdeba, AICP Zoning Administrator February 13, 2025, 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 January 30, 2025 Before approving, the Zoning Administrator may wish to consider the following modifications to the draft: Page 2 of 6, Item 4, paragraph 2, sentence 4: “Therefore, the project does not have the potential to result in significant impacts on public views.” Page 3 of 6, Item 5, paragraph 6: “Assistant Planner Arregui acknowledged that several comments letters for the project, many of whom reside from residents within the Newport Marina Villas, who raised concerns regarding traffic and noise.” Page 5 of 6, Item 6, paragraph 2, sentence 1: “Associate Planner Tran provided a brief background of the temporary outdoor dining patio that was allowed during the COVID-19 Pandemic pandemic, as well as the parking spaces that encroached on the abutting property known as the Seminiuk Semeniuk Slough since the 1960s.” Page 5 of 6, Item 6, paragraph 4: “Applicant Coralee Newman of Government Solutions as well as the owner, Tim Campbell, stated that they had reviewed the draft resolution and agrees agree with all the required conditions including the recommended changes to the conditions.” Zoning Administrator - February 13, 2025 Item No. 1a - Additional Materials Received Draft Minutes of January 30, 2025