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HomeMy WebLinkAbout09/11/2014 - Zoning Administrator NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 09/11/2014 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 Civic Center Drive, Newport Beach Corona del Mar Conference Room (Bay E-1 st Floor) Thursday, September 11, 2014 REGULAR HEARING 3:30 p.m. A. CALL TO ORDER—The meeting was called to order at 3:40 p.m. Staff Present: Brenda Wisneski, Zoning Administrator Makana Nova, Assistant Planner Fern Nueno, Associate Planner Jason Van Patten, Planning Technician B. MINUTES of August 14, 2014 Action: Approved C. MINUTES of August 28, 2014 Action: Approved D. PUBLIC HEARING ITEMS ITEM NO. 1 Patterson Tentative Parcel Map (PA2014-096) 506 and 506 '/2 Marigold Avenue CD 6 Jason Van Patten, Planning Technician, provided a brief project description stating that the tentative parcel map was for two-unit condominium purposes. He indicated that a two-unit dwelling was being replaced with a new two-unit dwelling and that the purpose of the tentative parcel map was to allow the sale of each unit. He noted that the applicant did not request to waive any Title 19 Subdivision standards. Applicant Buzz Person, on behalf of the property owner, stated that he had reviewed the draft resolution and the required conditions. One member of the public, Jim Mosher, spoke and stated that he had one (1) comment regarding Condition No. 15 of the draft resolution; the requirement that a street tree be planted along the Marigold Avenue frontage. He suggested that the language specify that the required tree be consistent with the City's official tree list. Seeing no other comments, Zoning Administrator Wisneski stated the condition was appropriate as written and closed the public hearing. The Zoning Administrator then moved to approve the project. Action: Approved ITEM NO. 2 Annual Review of a Development Agreement for Newport Harbor Lutheran Church (PA2009-137) 798 Dover Drive CD3 Fern Nueno, Associate Planner, provided a brief project description stating that the Newport Harbor Lutheran Church Development Agreement was approved in 1997 and is in effect until 2022. She continued that the terms and conditions of the Development Agreement have been implemented or met with the exception of the Church expansion. The Church is approximately 14,000 square feet and the remaining entitlement is approximately 26,000 square feet. The Municipal Code requires the City to periodically review development agreements to determine if the applicant has complied with the terms of Page 1 of 3 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 09/11/2014 the agreement. At the last review on August 29, 2013, the Zoning Administrator found the Church to be in good faith compliance with the Development Agreement. Since the last review, no planning applications or building permits have been submitted. The Zoning Administrator opened the public hearing. One member of the public, Jim Mosher, spoke and thanked Ms. Nueno for following up on a tree issue in Bob Henry Park after the last annual review. He then posed a question regarding the applicant's status letter and the reference to the modular classroom buildings approval that could be expired. Ms. Nueno clarified that future construction would be consistent with the Development Agreement and previous approval for the modular classrooms. There were no other public comments. Action: The Zoning Administrator found the annual review exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15321 (Class 21 - Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines; found that the applicant has demonstrated good faith compliance with the terms of the Development Agreement; and received and filed the Annual Report of the Development Agreement for Newport Harbor Lutheran Church. ITEM NO. 3 Bos Residence Minor Use Permit (PA2014-120) 1810 W. Ocean Front CD 1 Makana Nova, Assistant Planner, noted that the application had been closed and provided a brief project description, stating that staff had reviewed the application and determined that a minor use permit was not required because the scope of work did not exceed 75 percent of the replacement cost of the structure. She stated that the project consists of a nonconforming triplex that had been under construction to convert the structure to a single-family residence when a weather event occurred that caused structural damage to the exposed framing. As a result, the applicant had replaced approximately 92 percent of the exterior structural framing in the structure to address this damage. Cost calculations provided by the applicant indicated that the cost of the repairs did not exceed 75 percent of the replacement cost of the structure, as determined by the Building Official. Thus, the scope of work did not exceed the threshold for a discretionary review and the Community Development Director issued a Zoning Clearance for the project. The Zoning Administrator opened the public hearing. A gentleman, who declined to state his name, noted he was a local resident, questioned the public postings for the project and noted that the public notice on the site had been removed. A woman, who also declined to state her name, noted she was a local resident, reiterated that the public posting had been removed from the project site prior to the distribution of the staff report packet and the public hearing. The Zoning Administrator clarified that City staff has little control once they post the public notice on the project site;further adding that sometimes the notices are removed for one reason or another. Ms. Nova also clarified that information regarding the status of the project was available at the City through the staff report, which provides additional information on the project. City staff could also be contacted directly by phone or email to provide information to interested parties. Jim Mosher spoke and questioned the calculation of the structural alterations, noting that any change would not likely impact the final determination to close the application file. Page 2 of 3 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 09/11/2014 Ms. Nova clarified that the replacement cost of the structure is determined by the Building Official as$300 per square foot of the existing floor area and that the replacement cost originally provided by the applicant was not correct. An overview of the cost calculation is provided in detail in the Zoning Clearance letter issued by the Community Development Director. Any change in the calculation, as noted by Mr. Mosher, would still result in a percentage below the threshold that is set to determine whether or not a minor use permit is required. There were no other public comments. The Zoning Administrator noted that no further action was required for this application as the project file had been closed. Action: File Closed, No Action Required E. PUBLIC COMMENTS ON NON-AGENDA ITEMS None. F. ADJOURNMENT The hearing was adjourned at 3:56 p.m. The agenda for the Zoning Administrator Hearing was posted on September 5, 2014, at 1:00 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 September 5, 2014, at 1:10 p.m. re d Wisneski, AI P, Zoning Administrator Page 3 of 3