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HomeMy WebLinkAbout00 - Draft MinutesNEWPORT BEACH ZONING ADMINISTRATOR MINUTES 02/13/2014 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 Civic Center Drive, Newport Beach Corona del Mar Conference Room (Bay E -1st Floor) Thursday, February 13, 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 Melinda Whelan, Assistant Planner Benjamin M. Zdeba, Assistant Planner B. MINUTES of January 30, 2014 Action: Approved C. PUBLIC HEARING ITEMS ITEM NO. 1 Ochs Residence Modification Permit No. MD2013 -017 (PA2013 -197) 444 Isabella Terrace CD 6 Benjamin M. Zdeba, Assistant Planner, provided a brief project description stating that the applicant desires to construct a cantilevered second -story deck that encroaches 18 inches into the required 15 -foot front setback along Rivera Terrace. He further added that the home is currently being remodeled and a Zoning Code compliant cantilevered second -story deck is being added which encroaches a maximum of 6 inches into the 15 -foot front setback. He stated that although the proposed encroachment would not be detrimental to the neighborhood and could also be compatible with existing and allowed development, all required findings could not be made and staff is, therefore, recommending denial of the application. Zoning Administrator Wisneski asked for clarification as to which findings cannot be made. Mr. Zdeba indicated staff is of the opinion there are no practical difficulties or unique physical circumstances associated with the lot. Applicant's representative Dennis O'Neil stated his support for the project and introduced project architect Scott Laidlaw who provided additional information that could warrant the Modification Permit approval. He stated that it is hard to distinguish between wants and needs when it comes to modification permits and that the need for a modification permit arises when trying to improve upon existing conditions. He indicated that the proposed encroachment would improve the building fagade and that the living room is already reduced in size by 30 percent to add the deck as approved by the building permit for the remodel. The practical difficulty is that the proposal is the only way to obtain a useable deck accessed from the living room area without impinging further upon the living room space. He also indicated there may be alternative locations for the second -story deck, but there are no alternatives to obtain a useable deck off of the living room. He added there are physical conditions that inhibit the property owner from building a terraced living area given the existing location of the home that was constructed prior to current Zoning Code standards. Lastly, he offered the fact that there have been other modification permits granted between the late 1980s and 1998 within the neighborhood for something similar to what is being proposed. Zoning Administrator Wisneski asked whether or not staff looked into the modification permit examples given by Mr. Laidlaw. Mr. Zdeba stated he could not confirm nor deny the amount of modification permits within the area relative to balcony and /or deck encroachments. He stated that the examples reiterate the opinion that the proposed encroachment could be viewed as compatible with the pattern of development in the neighborhood. He also added that one of the prior modification permits offered as an example was for a corner lot that was subject to two 15 -foot front setbacks. Page 1 of 5 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 02/13/2014 Zoning Administrator Wisneski questioned whether or not the corner lot had the same condition as the subject lot inasmuch as they are both through lots. Mr. Zdeba clarified that the corner lot is subject to three contiguous front setback areas whereas the subject lot has two front setback areas. He also stated agreement that the deck improves and breaks the straight fagade; however, a second -story deck with the Zoning Code allowed 6 -inch encroachment achieves a similar benefit. Zoning Administrator Wisneski opened the public hearing. One member of the public, Jim Mosher, stated that since there were several letters of support and the community appeared to generally support the application, an option could be to consider changing the Zoning Code in consideration of items such as that being proposed as it relates to making all required findings. The Zoning Administrator closed the public hearing. She commended the applicant for a thorough review and for gaining community support for the project. She expressed agreement with staff that not all of the required findings can be made. She indicated there is ample outdoor living area and the subject property is double the size of a typical lot in the area. She further added the 6 -inch encroachment allowed by the Zoning Code offered a similar benefit as the proposed encroachment. The Zoning Administrator acted to deny the Modification Permit No. 2013 -017 and noted there would be a 14 -day appeal period. Action: Denied ITEM NO. 2 Pirozzi Restaurant Minor Use Permit No. UP2014 -001 (PA2013 -249) 2929 East Coast Highway CD 6 Benjamin M. Zdeba, Assistant Planner, provided a brief project description stating that the application is to add alcohol sales to an existing food service, eating and drinking establishment. He indicated the new restaurant is taking place of a Kentucky Fried Chicken fast food use and that the property is nonconforming inasmuch as the required parking is not provided. He stated the previous fast food use required 1 parking space per 50 square feet of gross floor area whereas the new restaurant requires a range of 1 parking space per 30 square feet and 1 parking space per 50 square feet of net public area. Even with the highest requirement, the proposed use still requires less parking than the previous use. He clarified the applicant's restaurant was permitted by right to take over the previous fast food space, but the Minor Use Permit application is required to add alcohol sales. He further added a description of the floor plan and indicated the proposed hours of operation are not considered late hours by the Zoning Code definition. Applicant's representative Mike Ayaz, Attorney, stated that he had reviewed the draft resolution and the required conditions. He added that the applicant, Alessandro Pirozzi, is a renowned chef and currently operates other restaurant locations. Zoning Administrator Wisneski asked the applicant whether or not there would be any exterior upgrades. Mr. Ayaz indicated there would be minor alterations to the fagade and possible upgrades to the landscaping in the outdoor dining area. The Zoning Administrator opened the public hearing. Brion Jeannette, resident, offered support for the application and referenced a recent experience at Mr. Pirozzi's Laguna Beach location. Eddie Derusio, resident, offered support for the application and expressed excitement at the new location The Zoning Administrator closed the public hearing. Page 2 of 5 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 02/13/2014 Zoning Administrator Wisneski reiterated that landscaping should be increased in the empty planters in front of the fagade. She expressed agreement with staff that the findings can be made and approved Minor Use Permit No. UP2014 -001. Action: Approved ITEM NO.3 441 Old Newport Parking Modification Permit No. MD2013 -023 (PA2013 -228) 441 Old Newport Boulevard CD 2 Melinda Whelan, Assistant Planner, provided a brief project description stating that the request is to utilize a combination of vehicle lifts, tandem parking spaces, surface parking spaces and valet parking to accommodate the 56 required parking spaces for a proposed medical office use in an existing office building. Ms. Whelan explained that the site is constrained with no additional area so there is a need to use the car lifts and tandem parking to accommodate the additional parking. The car lift structure is proposed with solid walls and a solid roof. Ms. Whelan explained that there is a condition of approval requiring a parking management plan be approved by the City Traffic Engineer and Community Development Director. Ms. Whelan noted that the applicant provided a draft parking management plan at the hearing which she summarized. Ms. Whelan addressed a question that came up prior to the hearing regarding square footage for the existing office building; she stated that a revision for the square footage has been approved by the Building and Planning Division. Prior to finalizing the building and occupancy of the building, the Building Inspector and Planning Staff will verify the square footage on -site to ensure that it matches the approved plans. Ms. Whelan highlighted the draft parking management plan which was brought in by the applicant: two valet employees at all times during business hours, complimentary valet, adequate signage, lift spaces for longer term parking or employees first, self park spaces also available, will have pick -up /drop -off locations reviewed and approved by the City Traffic Engineer. Ms. Whelan concluded that she was available for questions. Applicant John Bral stated that he had reviewed the draft resolution and the required conditions. Zoning Administrator Wisneski asked a question regarding the valet operation and who would run the valet. The applicant replied that they are in the process of retaining a valet company and they will be a part of the final valet plan. The Zoning Administrator opened the public hearing. Jim Mosher, a member of the public, stated this property has a long history that is not explained in the staff report. He stated that it is not common to use the vehicle lifts and it is not in the Zoning Code and this would set a precedent. He continued that the Zoning Administrator can refer problematic cases to the Planning Commission. Brion Jeannette, a neighbor, expressed concern with the project explaining that the car lift is becoming more important than the aesthetics of the building and he is concerned with the development and aesthetics for all of Newport Boulevard. He continued that he is concerned that this project would set a precedent and with the overall bulk and size of the structures on the site. He further expressed concern with the advertisement on the property that states that the building is much bigger than what is allowed. He explained that he designed Dr. Rainey's building and that a good design was to have the parking underneath the building. He urged the Zoning Administrator to please drive into this project the aesthetics of the neighborhood. Ms. Whelan addressed Mr. Mosher's comment regarding the history of the property and stated that the prior projects heard by the Planning Commission and City Council were for off -site parking and not for car lifts and that the car lifts had not been presented to the Planning Commission or City Council. Rick Martin, project architect, explained that the square footage of the building includes a load factor which is different than the occupied square footage of the building. Mr. Martin further addressed the concern about aesthetics by explaining that screening will be provided, creating the best look possible. He further explained that this parking is providing for high demand in the area and that much of Old Newport Boulevard is underutilized because additional parking is needed and that this will benefit the area. Page 3 of 5 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 02/13/2014 Zoning Administrator Wisneski closed the public hearing. Ms. Wisneski explained that the Modification Permit allows for deviation in parking but the question is whether or not the structure could be realistically utilized and properly managed and to look at it from an aesthetic standpoint. Wisneski explained that this product (car lifts) is being used throughout the nation and said she had spoken to a parking consultant who confirmed that these car lifts are used successfully when there is valet and proper management. Ms. Wisneski further stated that it is important to make sure that the parking management plan is carried out by a professional service and this will be monitored by staff. Ms. Wisneski expressed concern with the concrete wall surrounding the structure in regard to meeting the Building Code requirements and asked the applicant if they have looked into these requirements. Rick Martin, project architect responded that they have received comments from the Building Division including required parapet heights. Regarding aesthetics, Martin explained that the plaster wall will be saw tooth to protect the existing trees and the front of the car lift structure will have wood slats that will match the exterior of the recently renovated office building. Zoning Administrator Wisneski explained that staff has confirmed square footage of the building and the square footage is not part of this application. Provided aesthetics and proper management is achieved, she could support the application but wants to add some conditions of approval: • A landscaping plan shall be included in the construction drawings to show proper screening of the carport structure including evaluation of a larger landscape area in front of the vehicle lift adjacent to Old Newport Boulevard and assessment of the impacts of the solid plaster wall to the existing Ficus trees which shall be reviewed and approved by the Community Development Department and the City Urban Forester. • In the future, if the building is converted to condominiums, the valet parking management plans shall be part of the Conditions Covenants and Restrictions (CCRs). • Should the carport structure become inoperable, it shall be removed from the property and all eliminated parking spaces shall be replaced or the uses shall be reduced to occupy no more than 20 percent of net floor area with medical office within a one -year period. • Prior to issuance of building permits, a materials and colors board shall be submitted to the Community Development Department for review and approval. Zoning Administrator Wisneski continued to amend the following conditions from the draft resolution: 3. This Modification Permit may be modified or revoked by the Zoning Administrator if determined that the proposed vehicle lifts, valet parking management plan, tandem parking or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 11. Prior to the issuance of certificates of occupancy for medical office uses exceeding 20 percent of the net floor area, the vehicle lifts shall be fully operational. 13. The entire parking lot (surface spaces, tandem spaces, vehicle lift spaces) shall be valet parked during business hours unless self parking is requested by a customer for the surface parking spots. With the added and modified conditions, Zoning Administrator Wisneski approved Modification Permit MD2013 -023. Action: Approved Page 4 of 5 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 02/13/2014 D. PUBLIC COMMENTS ON NON - AGENDA ITEMS None. E. ADJOURNMENT The hearing was adjourned at 4:22 p.m. The agenda for the Zoning Administrator Hearing was posted on February 7, 2014, at 4:10 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 February 25, 2014, at 4:25 p.m.. Brenda Wisneski, AICP, Zoning Administrator Page 5 of 5