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HomeMy WebLinkAbout04-10-2025_ZA_Minutes Page 1 of 6 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM THURSDAY, APRIL 10, 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 Cameron Younger, Planning Technician Jerry Arregui, Assistant Planner Joselyn Perez, Senior Planner Laura Rodriguez, Assistant Planner Melinda Whelan, Assistant Planner II. REQUEST FOR CONTINUANCES None. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF FEBRUARY 27, 2025 Zoning Administrator Zdeba noted receiving correspondence from Liz Westmoreland, Principal Planner, who served as the Zoning Administrator on February 27, 2025, confirming the draft minutes were an accurate representation of the meeting. No members of the public wished to comment on the draft minutes. Action: Approved IV. PUBLIC HEARING ITEMS ITEM NO. 2 Annual Review of North Newport Center Development Agreement (PA2024-0096) Site Location: 1101 Newport Center Drive Council District 5 Joselyn Perez, Senior Planner, provided a brief project description stating that the item is to review development activity within the North Newport Center Planned Community for calendar year 2023, pursuant to the Development Agreement between the City and Irvine Company for the area. She cited the Newport Beach Municipal Code Section requiring annual review, clarified the intent of the annual review, and highlighted the issuance of a building permit for Restoration Hardware, which authorized the construction of over 70,000 square feet of gross floor area and lowered the future availability of development intensity within Fashion Island. Senior Planner Perez identified one correction needed to the Annual Monitoring Report: to add the fair share fees paid related to Restoration Hardware to the public benefit summary table and to update the listed year to 2023. Ms. Perez concluded that Irvine Company is complying in good faith with their development agreement. Applicant Shawna Schaffner of CAA Planning, on behalf of Irvine Company, stated that she would make the correction to the Annual Monitoring Report and in response to the Zoning Administrator’s question on the status of the 2024 report, answered that it is in progress. Zoning Administrator Zdeba opened the public hearing. One member of the public, Jim Mosher, questioned a date listed on the Annual Monitoring Report and commented on CAA Planning’s filing as a lobbyist appearing to have been expired. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 04/10/2025 Page 2 of 6 In response to Zoning Administrator Zdeba, Ms. Schaffner clarified that the annual review is an iterative process and while the date on the report may reflect January, there is back and forth with the City and revisions to the report in the subsequent months. Zoning Administrator Zdeba closed the public hearing. Action: The North Newport Center Zoning Implementation and Public Benefit Agreement Annual Report Year 2023 was received and filed with the change to the Annual Monitoring Report ITEM NO. 3 306 East Oceanfront LLC Residence Coastal Development Permit (PA2024-0203) Site Location: 306 and 306 ½ East Ocean Front Council District 1 Laura Rodriguez, Assistant Planner, provided a brief project description stating that the applicant requests a coastal development permit (CDP) to demolish an existing duplex and construct a new 2,114-square-foot single-unit dwelling with a 406-square-foot junior accessory dwelling unit, and an attached 383-square-foot two- car garage. The property is 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. The project design is consistent with the neighborhood pattern of development. Assistant Planner Rodriguez stated that the Coastal Hazards Report and Sea Level Rise Analysis for the project was prepared by Skelly Engineering on September 23, 2024. The report concluded that the project is reasonably safe from shoreline erosion. The proposed finished floor elevation will be 13.05 feet (NAVD 88), which further complies with the 9-foot minimum for new structures. Assistant Planner Rodriguez noted that a water quality and hydrology plan is required due to the project containing more than 75% of impervious surface. The Water Quality Management Plan for the project was prepared by Thomas Ruiz on October 15, 2024. The property is located between the nearest public road and the 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 project is not located near a coastal viewpoint or coastal view road. The nearest public viewpoint is Balboa Pier which is approximately 1,650 feet away. The project will not obstruct views from the park (Peninsula Park) since the property is not located between the park and the ocean. Vertical access is available at the Coronado Street end from East Balboa Boulevard. Lateral access is available along the East Ocean Front boardwalk. Assistant Planner Rodriguez noted that one written public comment was provided via email from Todd Wood, who shared his support for the project. Additionally, staff noted that Condition of Approval No. 23 would be stricken from the resolution, as it is a duplicate of Condition of Approval No. 29. The project is in the appeal area of the Coastal Zone. Zoning Administrator Zdeba opened the public hearing. One of the applicants, Dawn Vaught, of Richart Design Group, 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 as amended ITEM NO. 4 Schwartz Residence Coastal Development Permit (PA2024-0059) Site Location: 2050 East Ocean Front Council District 1 Melinda Whelan, Assistant Planner, provided a brief project description stating that the applicant requests a coastal development permit (CDP) to allow the demolition of an existing single-unit dwelling and the MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 04/10/2025 Page 3 of 6 construction of a new 4,376-square-foot, three-story, single-unit dwelling including an attached 563-square- foot, two-car garage. The project includes landscape, hardscape, and subsurface drainage facilities all within the confines of private property. The project complies with all development standards and no deviations are requested. Zoning Administrator Zdeba opened the public hearing. Applicant Octavio Hernandez, on behalf of the Owner, stated that he had reviewed the draft resolution and agrees with all the required conditions. Scott Schwartz, Owner, also spoke and confirmed Mr. Hernandez’s statement. One member of the public, Jim Mosher, pointed out an omission of a planning activity (PA) number reference for the CDP in the resolution. Zoning Administrator Zdeba closed the public hearing and noted Ms. Whelan would add the PA number to the final resolution. Action: Approved as amended ITEM NO. 5 Reecess Medical Spa Minor Use Permit (PA2024-0150) Site Location: 4301 Birch Street, Suite 131 Council District 3 Jerry Arregui, Assistant Planner, provided a brief project description stating that the applicant requests a minor use permit to allow a medical spa with accessory massage services in a 4,400-square-foot tenant space within an existing office complex. The property is currently developed with two multi-tenant office buildings with a 59- space surface parking lot and is adjacent to a variety of other commercial uses along Birch Street including professional and medical offices, a car rental establishment, a hotel and other service uses. The applicant proposes to improve the existing tenant space into a medical spa, which provides services including cryotherapy, sauna, meditation and breathing areas, IV therapy, and limited massage services. While the Newport Beach Municipal Code does not have a medical spa land use, nor does it provide a definition for a medical spa, the business operations resemble that of a day spa where several types of personal services are offered and would therefore be categorized as a personal service, restricted land use. Because the proposed use would also include limited massage services that would occur in less than 25% of the existing suites floor area, the use would also be categorized as an accessory massage use. Assistant Planner Arregui clarified that since the proposed massage services are only accessory to the primary personal services restricted land use, the locational standards that apply to massage parlors are not required. Assistant Planner Arregui noted that the Newport Beach Police Department has reviewed the application as has no objections and has provided conditions of approval that requires the operator or primary massage therapist to obtain a massage operator’s permit and requires all employees who conduct massage services to be certified by the California Massage Therapy Council. Assistant Planner Arregui recommended modification of Condition of Approval No. 11 for clarity purposes to read “The hours of operation shall be limited from 9:00 a.m. through 8:00 p.m., daily.” and striking the second sentence regarding late hours. Zoning Administrator Zdeba opened the public hearing. Applicant Tiffany Perez of One Nine Architecture, on behalf of Recess Medical Spa, 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 as amended MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 04/10/2025 Page 4 of 6 ITEM NO. 6 20062 Birch Street Medical Office Minor Use Permit and Staff Approval (PA2024-0212) Site Location: 20062 Birch Street Council District 3 Jerry Arregui, Assistant Planner, provided a brief project description stating that the applicant requests a minor use permit to convert the second floor, approximately 4,200-square-feet, of an existing three-story office building, from professional office use to medical office use. The applicant also requests staff approval to waive one parking space, or 2% of the overall required parking for the building, to implement the conversion. Waivers of parking that are under 20% are typically reviewed by the Community Development Director, but because the application also includes a minor use permit, both items are brought forth for consideration by the Zoning Administrator. The Applicant proposes to designate one parking space on the property to be reserved for rideshare vehicles. This rideshare space allows the Zoning Administrator to authorize up to a 10% parking reduction, which satisfies the parking requirement of the project. Condition of Approval No. 8 allows the Community Development Director, Public Works Director, or City Traffic Engineer the ability to require additional parking management measures if the medical use generates a greater parking demand than anticipated and creates a nuisance. Condition of Approval No. 9 limits the hours of operation for the medical office between 8:00 a.m. to 7:00 p.m., Monday to Thursday, and 9:00 a.m. to 5:00 p.m., Friday and Saturday. This allows for flexibility of future medical uses while also maintaining hours of operation that are comparable to medical offices in the vicinity. Conditions of Approval No. 10 and 11 prohibit the space from operating as an urgent care or hospital and prohibits overnight stay or late-night discharge of patients. With these conditions, the project is not anticipated to impact the nearby nonconforming residences and will maintain compatible will the surrounding neighborhood. The Building Division has reviewed the project and has included Condition of Approval No. 31, which requires the applicant to obtain a building permit for the change of use and/or change in occupancy of the project. The Public Works Department has also reviewed the project and has indicated that a traffic study is not required. Zoning Administrator Zdeba asked staff whether the hours of operations as stated in Condition of Approval No. 9 were intentional or at the request of the applicant. Assistant Planner Arregui indicated that the hours of operations were written as requested by the applicant. Zoning Administrator Zdeba opened the public hearing and began by asking the Applicant whether the operator may want to be open on Sundays. Property Owner and Applicant Michael Segura stated that he had reviewed the draft resolution and agrees with all the required conditions. He also expressed agreement to including an allowance to operate on Sundays. 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 modified Condition of Approval No. 9 to allow operation between 9:00 a.m. to 5:00 p.m. on Sunday. Action: Approved as amended ITEM NO. 7 2360 Redlands Drive Lot Merger (PA2025-0001) Site Location: 2360 Redlands Drive and an unaddressed parcel (APN 439-232-13) Council District 3 Cameron Younger, Planning Technician, provided a brief project description stating that the applicant requests a lot merger to combine two contiguous lots at 2360 Redlands Drive. The primary lot and the rear unaddressed lot would be merged into one parcel totaling 19,787 square feet. Planning Technician Younger spoke of the MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 04/10/2025 Page 5 of 6 front lot, 2360 Redlands Drive, as currently developed with a detached garage that serves the neighboring single unit dwelling at 2356 Redlands Drive. Planning Technician Younger spoke of the General Plan Land Use Category of the property as “RS-D” or Single-Unit Residential Detached and a zoning designation of “R-1-7200” or Single-Unit Residential with 7200 indicating the minimum lot area. She noted that the properties on Redlands Drive are in the same zone and consist of lot sizes ranging from 7,183 to 25,778 square feet. She added that two similar lot mergers were approved on Redlands Drive in June and August of 2016 at 2352 and 2392 Redlands Drive. Planning Technician Younger spoke of the public comments received regarding this project. She clarified that upon approval and implementation, the Applicant is required to comply with the conditions set forth in the resolution, including maintaining the property and its landscaping in good operating condition. Furthermore, she affirmed that noise is regulated by Title 10 of the Newport Beach Municipal Code, which prohibits any loud and unreasonable noise. Planning Technician Younger then spoke of the existing easements on the property, including one from the Southern California Edison and Orange County Flood Control District, whose easement abuts the rear property line of the unaddressed parcel. Lastly, she confirmed there is no record of Code Enforcement cases on the property. Planning Technician Younger recommended that the project be found exempt from the California Environmental Quality Act under Section 15315 under Class 15 (Minor Land Divisions) and that the Zoning Administrator approve the Lot Merger. Zoning Administrator Zdeba clarified that the lot merger item discussed related to 2360 Redlands Drive and the landlocked parcel behind it providing an aerial image of the lot and pointing out the existing easement. Zoning Administrator Zdeba opened the public hearing. Applicant and Property Owner Farshad (Fred) Lahijani, stated that he had reviewed the draft resolution and agrees with all the required conditions. One member if the public, Jim Mosher, commented on the accuracy of a description of lot sizes used in the staff report. Another member of the public, Darryl Green, expressed concerns regarding current and future maintenance of the property, especially as it relates to drainage issues and landscape maintenance. Zoning Administrator Zdeba closed the public hearing. Action: Approved ITEM NO. 8 2356 Redlands Drive Lot Merger (PA2025-0002) Site Location: 2356 Redlands Drive and an unaddressed parcel (APN 439-232-12) Council District 3 Cameron Younger, Planning Technician, provided a brief project description stating that the lot merger for 2356 Redlands Drive shares the similar conditions as the previous item for 2360 Redlands Drive, aside from the total resulting parcel being slightly different. Zoning Administrator Zdeba opened the public hearing. Applicant and Property Owner Farshad (Fred) Lahijani, stated that he had reviewed the draft resolution and agrees with all the required conditions. Furthermore, the Applicant stated that they will take the necessary steps to ensure proper maintenance of the lot by making improvements. One member of the public, Darryl Green, reiterated the same concerns for the current maintenance of the property. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 04/10/2025 Page 6 of 6 Zoning Administrator Zdeba closed the public hearing and stated that this agenda item is very similar to the previous one, as they are neighboring properties. Any improvements, including civil and grading, will be reviewed by the City to ensure they are designed and constructed properly. Action: Approved V. PUBLIC COMMENTS ON NON-AGENDA ITEMS None. VI. ADJOURNMENT The hearing was adjourned at 10:53 a.m. The agenda for the Zoning Administrator Hearing was posted on April 3, 2025, at 2:45 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 April 3, 2025, at 2:40 p.m.