HomeMy WebLinkAbout01/30/2014 - Zoning AdministratorNEWPORT BEACH ZONING ADMINISTRATOR MINUTES 01/30/2014
NEWPORT BEACH ZONING ADMINISTRATOR MINUTES
100 Civic Center Drive, Newport Beach
Corona del Mar Conference Room (Bay E -1st Floor)
Thursday, January 30, 2014
REGULAR HEARING
3:30 p.m.
A. CALL TO ORDER — The meeting was called to order at 3:30 p.m.
Staff Present: Brenda Wisneski, Zoning Administrator
Benjamin M. Zdeba, Assistant Planner
B. MINUTES of January 16, 2014
Action: Approved
C. PUBLIC HEARING ITEMS
ITEM NO. 1 Katayama Tentative Parcel Map No. NP2013 -031 (PA2013 -239)
306 and 308 Old Newport Boulevard CD 2
Benjamin Zdeba, Assistant Planner, provided a brief project description stating that the Tentative Parcel Map
was for a commercial property currently developed with two smaller buildings separated by a shared parking
area. He further stated that the property is comprised of one full, 60- foot -wide legal lot and 45.10 feet of the
abutting lot. It was noted that the re- subdivision would comply with the minimum requirements for a new
subdivision prescribed in Zoning Code Section 20.20.030 and that no alterations were being proposed to the
commercial buildings as part of the proposal. In response to written public comments, Mr. Zdeba clarified that
there was a previous parcel map for the southerly adjacent property which took 14.90 feet from one of the
subject lots, leaving the remainder of 45.10 feet.
Applicant's representative Daryl Christian of Christian Land Services on behalf of the Owner stated that he
had reviewed the draft resolution and the required conditions. He added that the reason for the Tentative
Parcel Map was to re- subdivide the property into two separate parcels to be sold separately. Mr. Christian
requested clarification on draft Condition of Approval number 11 which referenced "Marigold Avenue ". Staff
clarified the inclusion of Marigold Avenue was an error and the correct Condition of Approval was already
included as number 9.
The Zoning Administrator opened the public hearing. One member of the public, Mr. Jim Mosher, stated the
depth quoted in the draft resolution was incorrect, discussed the changes made to the southerly adjacent
property, and expressed confusion relative to the distinction between terms "parcel" and "lot ".
Mr. Christian provided clarification that lots result from an original tract map whereas parcels are created and
comprised of lots and /or portions of lots by way of a parcel map and clarified the scope of the project.
Zoning Administrator Wisneski asked whether or not the parking would still comply on the property. Staff
indicated the parking situation would remain unchanged and would still comply.
Seeing no other persons from the public wishing to comment, Zoning Administrator Wisneski closed the
public hearing and acted to approve the item as submitted with the omission of Condition of Approval number
11.
Action: Approved
Page 1 of 2
NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 01/30/2014
D. PUBLIC COMMENTS ON NON - AGENDA ITEMS
A member of the public, Mr. Jim Mosher, stated that the Zoning Code states that City projects need to be
consistent with the Zoning Code unless City Council waives it with a resolution and that he has never
seen a City project receive a resolution of waiver through the Zoning Administrator. Because of this, Mr.
Mosher is curious as to whether or not the Planning Division routinely reviews the City's own public works
projects to see if they are in any way requiring modification or variance from zoning codes.
Zoning Administrator Wisneski explained that the Zoning Administrator does not review capital
improvement projects in public rights -of -way because that is not a zoning issue. Mr. Mosher gave an
example of a bathroom being built in a park to which Ms. Wisneski responded that Planning does review
those and they require discretionary review at times. Additionally Planning conducts CEQA review on
those projects.
Mr. Jim Mosher also commented that some residential projects that go to the Zoning Administrator go on
to Coastal Commission for further approval and are perhaps given an Approval in Concept (AIC) or a
statement that they qualify for a categorical exclusion. He explained that the categorical exclusion says
they have to comply with the 1976 version of the zoning code to qualify for the exclusion. He went on to
ask whether or not anybody checks for compliance with the 1976 building code before sending in the
categorical exclusion after it goes through Zoning Administrator.
Zoning Administrator Wisneski stated that as far as categorical exclusions, she believes that categorical
exclusions incorporate the necessary development standards that were reflective of the 1976 zoning code
because it talks about parking requirements and density; therefore, she believes that by following the
categorical exclusion, they are then referring to the 1976 standards.
E. ADJOURNMENT
The hearing was adjourned at 3:47 p.m.
The agenda for the Zoning Administrator Hearing was posted on January 24, 2014, at 2:30 p.m. in
the Chambers binder and 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 24, 2014, at 2:45 p.m..
P, Zoning Administrator
Page 2 of 2