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HomeMy WebLinkAbout00 - Draft Minutes NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 12/11/2014 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 Civic Center Drive,Newport Beach Corona del Mar Conference Room (Bay E-1st Floor) Thursday, December 11, 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 Makana Nova,Assistant Planner Fern Nueno,Associate Planner Jason Van Patten, Planning Technician Benjamin Zdeba,Assistant Planner B. MINUTES of November 13,2014 Jim Mosher, a member of the public, requested clarification in minutes as to what the Zoning Administrator is approving. Action: Approved C. PUBLIC HEARING ITEMS ITEM NO. 1 715 Heliotrope Tentative Parcel Map(PA2014.144) 715 Heliotrope Avenue CD 6 Makana Nova, Assistant Planner, provided a brief project description stating that the applicant requested to subdivide a new two-unit duplex for condominium purposes. She stated that the development and subdivision required the payment of fair share and park fees for one(1) new dwelling unit. James"Buzz" Person, applicant on behalf of the property owner, stated that he had reviewed the draft resolution and the required conditions. The Zoning Administrator opened the public hearing. A member of the public, Jim Mosher, spoke and noted that the Parks, Beaches and Recreation Commission recently recommended a change to the street tree types in Corona del Mar and suggested that some flexibility be added to the conditions of approval so that the recommended street tree type could be changed accordingly. Ms. Nova agreed with Mr. Mosher's suggestion and recommended that the following language be added to Condition No. 16, `or other street tree shall be planted to the satisfaction of the Public Works Department." The Zoning Administrator accepted staffs suggested language. Seeing no other public comments, the Zoning Administrator closed the public hearing and moved to approve the tentative parcel map request. Action: Approved ITEM NO. 2 928 E. Balboa Boulevard Tentative Parcel Map (PA2014-168) 928 E. Balboa Boulevard CD 1 Jason Van Patten, Planning Technician, provided a brief project description stating that the applicant requested to subdivide property consisting of four (4) legal lots and an abandoned right-of-way. He stated that the subdivision resulted in two 30-foot-wide parcels, each for single-unit or two-unit development and included a Page 1 of 3 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 12/11/2014 request to deviate from the design standards of Title 19. Mr. Van Patten provided a brief overview of minimum standards required and stated that the proposed parcels were consistent with the original underlying lots which measured 30 feet wide and were larger in land area. He indicated that staff believed sufficient facts and findings for approval could be made to support the application. Applicant Paul Craft of Apex Land Surveying, on behalf of the property owner, stated that he had reviewed the draft resolution and the required conditions. The Zoning Administrator opened the public hearing. A member of the public, Jim Mosher, spoke and stated that a Coastal Development Permit was required. The Zoning Administrator stated that Finding K addressed conformance with the City's certified Local Coastal Program and that the need for a Coastal Development Permit is subject to Coastal Commission determination. A second member of the public, and property owner of 926 East Balboa Boulevard, Kendra Jacoby, inquired as to whether or not the easement extending from her property onto the subject property would remain unaffected. Mr. Van Patten indicated that the private easement extended 1-foot-6-inches onto the subject property and was recognized on the tentative parcel map. The Zoning Administrator acknowledged that the tentative parcel map referenced the easement and that it was affected by the subject request. Seeing no other public comments,the Zoning Administrator moved to approve the tentative parcel map. Action: Approved ITEM NO. 3 121 and 125 McFadden Place Lot Merger (PA2014-205) 121 and 125 McFadden Place CD 1 Benjamin Zdeba, Assistant Planner, provided a brief project description stating that the project involved a lot merger to remove the interior lot lines between 121 and 125 McFadden Place in order for the property owner to combine the two (2) first floor tenant spaces and to construct floor area on the second floor. He noted the request to waive the requirement for a parcel map, updated finding language for the resolution, and provided facts in support of the findings relative to resulting parcel size and pattern of development to recommend approval. Applicant and property owner Mario Marovic stated that he had reviewed the draft resolution and the required conditions. The Zoning Administrator opened the public hearing. Seeing that no one from the public wished to comment, the public hearing was closed. The Zoning Administrator approved the lot merger as presented with the changes incorporated into the resolution regarding the updated finding. Action: Approved ITEM NO.4 Annual Review of Development Agreement for Fletcher Jones (PA2009-052) 3300 Jamboree Road CD3 Fern Nueno, Associate Planner, provided a brief project description stating that in 1995 the City Council approved Development Agreement No. 9 ("DA") between the City and Fletcher Jones Motorcars to allow for the development of the Fletcher Jones Mercedes Benz dealership on an undeveloped site. The Municipal Code and state law require the City to annually review development agreements to determine if the applicant has Page 2 of 3 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 12/11/2014 complied with the terms of the agreement. During the 2009 review, the City Council found that all of the conditions of the DA had been met. Since the last review in 2013, minor improvements were completed that were in accordance with the DA and Use Permit. Ms. Nueno continued, stating that staff reviewed the DA, Annual Report, and other applicable documents, and believes that Fletcher Jones Motorcars continues to comply in good faith with terms and conditions of the DA. Ms. Nueno confirmed that all requirements of the DA have been met and that there will be one more annual review before the DA expires in 2016. The Zoning Administrator opened the public hearing. One member of the public, Jim Mosher, stated that the DA would expire twenty(20) years from January 4, 1996, and asked if there was anything left to be done that the applicant might be rushing to complete before the term of the DA ends. He continued, posing the question of how the public can address lighting and other concerns once the term of the DA ends. Ms. Nueno responded that the requirements and allowed development under the DA have been completed. She continued that concerns from the public such as lighting are not related to the DA. The public can continue to bring concerns to staffs attention, and issues will be handled through code enforcement actions and conformance with the Use Permit, which does not expire. There were no other public comments and the Zoning Administrator closed the public hearing. Action: The Zoning Administrator found the 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 Fletcher Jones Motorcars. D. PUBLIC COMMENTS ON NON-AGENDA ITEMS A member of the public, Jim Mosher, requested clarification regarding the nonconforming provisions as it pertains to nonconforming garages and residential additions. He also requested the status of the Newport Coast Development Agreement. Staff mentioned the item is scheduled for January. E. ADJOURNMENT The hearing was adjourned at 3:52 p.m. The agenda for the Zoning Administrator Hearing was posted on Friday, December 05, 2014, at 1:35 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 Friday, December 05, 2014, at 1:20 p.m. Brenda Wisneski, AICP, Zoning Administrator Page 3 of 3 Item No. Ila: Additional Materials Received Zoning Administrator - December 23, 2014 Draft Minutes of December 11, 2014 December 23, 2014, Zoning Administrator Agenda Comments Comments submitted by: Jim Mosher( immosher()vahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229) Item It. Approval of Minutes (December 11, 2014) 1. Page 1, Item 1, paragraph 5: "James "Buzz"Person, applicant on behalf of the property owner, stated that he had reviewed the draft resolution and the required conditions." Wasn't he asked, and didn't he also say he "agreed' with, or at least had no objection to, the required conditions? (the same comment could be made for Items 2 and 3) 2. Page 1, Item 1, paragraph 5: "Ms. Nova agreed with Mr. Mosher's suggestion and recommended that the following language be added to Condition No. 16, "or other street tree shall be planted to the satisfaction of the Public Works Department."" The minutes accurately reflect what was said, however tree planting is actually coordinated by the Municipal Operations Department rather than the Public Works Department. 3. Page 2, paragraph 7: "The Zoning Administrator acknowledged that the tentative parcel map referenced the easement and that it was affected by the subject request." Is this correct? I thought the statement was that the easement was not affected by the subdivision.