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HomeMy WebLinkAbout05/14/2015 - Zoning Administrator NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 05/14/2015 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 Civic Center Drive, Newport Beach Corona del Mar Conference Room (Bay E-1st Floor) Thursday, May 14, 2015 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 James Campbell, Principal Planner Gregg Ramirez, Senior Planner Jason Van Patten,Assistant Planner Melinda Whelan,Assistant Planner B. MINUTES of April 30, 2015 Action: Approved C. CONTINUED ITEMS ITEM NO. 1 Annual Review of Development Agreement for Hoag Memorial Hospital Presbyterian (PA2009-064) 1 Hoag Drive CD 1, 2 & 3 James Campbell, Principal Planner, provided a brief description of the review process and indicated that additional noise testing at Villa Balboa and Versailles was forthcoming. The noise report indicates that there are no exterior noise exceedances, but the interior tests show a potential noise exceedance at Villa Balboa with respect to the Lower Campus cogeneration building and at Versailles with respect to the Upper Campus central plant. The noise consultant indicated that additional testing is necessary to isolate the noise source and to determine how to address it. Mr. Campbell indicated that additional landscaping and trees have been added to the Lower Campus parking lot. He noted that the growth of the vines on the green screen attached to the Lower Campus cogeneration building is disappointing as it has only partially covered the screen. Additionally, he indicated that Hoag is preparing a plan to improve the area behind the ATP building to address concerns from Villa Balboa residents. Mr. Campbell indicated that Hoag has been continually responsive to issues as they arise and their efforts to address unresolved issues continue. He stated that staff is committed to holding Hoag accountable in the near term for remaining unresolved issues. Based upon Hoag's actions and continued commitment to address the unresolved issues noted, staff believes that Hoag has shown good faith compliance with the Development Agreement despite ongoing violations that Hoag is committed to address. Cary Brooks, representing Hoag, provided an overview of Hoag's effort to address the noise, the cogeneration building green screen, and the area behind the Lower Campus ATP building. He indicated that they have completed the grading of the area consistent with permits issued by the City and that the landscape improvement plan for the area was forthcoming very soon. Bill Rabben, representing Hoag, indicated that landscape construction plans will be submitted to the City within three (3)weeks for review and approval. Cary Brooks indicated that additional noise testing will be conducted by Bob Schmidt, the noise consultant, and the report(s)will be submitted within the next thirty(30)to sixty(60)days. Mr. Brooks indicated that Hoag is committed to addressing all unresolved issues and strives to be a good neighbor and comply with the DA. The Zoning Administrator opened the public hearing. Erick Thurner, a resident of Villa Balboa, spoke about noise testing at the 200 Paris Lane building within Villa Balboa. He indicated that testing this year was done better than in past years. He disagrees with some Page 1 of 5 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 05/14/2015 technical aspects of the testing and says that it is incomplete. He testified that the test results showed the noise exceeds the maximum interior noise standard and he wants noise to be reduced at the source rather than mitigated at the receptor. He feels that the testing was done incorrectly in that it was not done in the opening of the window. He advocates holding off on a determination of good faith compliance. Dick Runyon, a resident of Villa Balboa, expressed dissatisfaction and disappointment in staff's recommendation and the fact that the cogeneration screen vines have not grown adequately. He noted that is has been unresolved for the past 7 years. He felt that Hoag should do more including potentially installing additional planters on the side of the building. He felt that adding trees along a nearby slope would not help and that trees located at the side of the building would be better. He also commented on the use of the area behind the ATP building as being unpermitted and not landscaped as required. Villa Balboa has endured the noise, dirt and unsightly area behind the ATP building long enough and Hoag has not established their good faith compliance with the DA. Nancy Knight, a resident of Villa Balboa, asked that the City explain how the height limit for trees on the Lower Campus was removed from the planned community regulations. It is a matter of great concern to Villa Balboa. Patricia Schuler, a resident of Versailles, thanked everyone for their service and appreciated the additional noise testing at Versailles. She was thankful that Hoag addressed the annoying alarms at the Upper Campus central plant. She noted that Hoag said they would do the additional noise testing at Versailles for this years' review and they followed through. Cary Brooks noted that it will take many months (estimated to be 6-9 months) to install potential noise mitigation on the central plant due to regulatory oversight by the Office of Statewide Health Planning and Development(OSHPD). David Newya, a resident of Versailles, stated that emergency vehicle siren noise has been reduced as a result of Hoag's efforts to work with ambulance companies and fire departments. Jim Mosher, a Newport Beach resident, expressed a desire to understand the change to the planned community text as it relates to the tree height limitation. There were no other public comments. Zoning Administrator Wisneski commented that she had reviewed all of the detailed letters. She noted that the vine coverage on the cogeneration building is better than last year but it remains disappointing. She noted that vine green screen was a good conceptual solution but notes that not all plans are as effective as envisioned. She recognized Hoag's sustained effort to address the issue and asked Hoag and staff to get creative to solve the issue before the next annual review. Zoning Administrator Wisneski recognized Hoag's need for a construction staging area given the perpetual construction at the hospital. She noted that it is necessary to identify an appropriate location for construction staging and she was pleased to see the concept plan prepared by Hoag to reduce the existing construction staging area keeping it up against the base of the retaining to screen it from views from above. The plan also calls for the majority of the area that is visible from above to be improved with landscaping consistent with the intent of the planned community text calling for the area to be temporarily landscaped in anticipation of potential future construction. Zoning Administrator Wisneski commented on the continued noise testing and Hoag's commitment to retest and submit the noise reports within the next two months that will identify appropriate mitigation if required. She recognized Hoag's actions this past year and their commitment to make future improvements consistent with the planned community regulations and to address the noise issues as evidence of their good faith compliance with the Development Agreement. Action: Hoag was found to have demonstrated good faith compliance with the Development Agreement. Page 2 of 5 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 05/14/2015 D. PUBLIC HEARING ITEMS ITEM NO.2 Newport Dunes/Maserati Temporary Vehicle Storage (PA2015-074) 1131 Bay Bay Drive CD 5 Gregg Ramirez, Senior Planner, provided a brief project description stating that the request was to extend a previously approved Limited Term Permit to allow the continued storage of up to forty (40) vehicles at Newport Dunes until June 30, 2015 while the Maserati Dealership on Coast Highway is being constructed. He explained that the Dunes is developed with 800 parking spaces and that since only 645 parking spaces are required, the temporary use of forty(40)spaces does not create a parking deficit. Furthermore, he stated that the use of parking spaces would not impact public access to beaches and the bay; therefore, staff recommends approval. The Zoning Administrator opened the public hearing. One member of the public, Jim Mosher, spoke and stated that the temporary storage has been in use since December. Action: Approved ITEM NO. 3 24 Harbor Island Lot Merger(PA2015-043) 24 Harbor Island CD 5 Melinda Whelan, Assistant Planner, provided a brief project description stating that the request is for a lot merger to combine two parcels, which each contain portions of parcels, into one single lot for single family development and includes a waiver of the parcel map. Whelan explained that the lots are under common ownership and a previous lot merger was approved in April 201 but has expired. There was an existing single family dwelling constructed across the property lines and has since been demolished. The merged lot will create a larger lot but is still consistent with the neighborhood and will meet all Zoning Code requirements. Whelan concluded that she was able to make all of the required findings including the requirements of Title 19 and recommended approval of the request to the Zoning Administrator. Applicant Paul Craft of Apex Land Surveying, on behalf of the SoCal Land Company LLC, stated that he had reviewed the draft resolution and the required conditions and had no questions or anything to add to staff's presentation. The Zoning Administrator opened the public hearing. One member of the public, Jim Mosher, spoke and stated that he wanted to make sure that the project for the new development of a single family dwelling will go to the Coastal Commission. The Zoning Administrator moved to approve the item. Action: Approved ITEM NO.4 715 Marigold Tentative Parcel Map (PA2015-046) 715 Marigold Avenue CD 6 Jason Van Patten, Assistant Planner, provided a brief project description stating that the Tentative Parcel Map was for condominium purposes. He indicated that a single-unit dwelling was demolished and would be replaced with a new two-unit dwelling. He added that the purpose of the application was to allow the sale of each unit and that the applicant did not request to waive any Title 19 requirements. He noted that the applicant would be subject to fair share fees and fees for park dedication. Page 3 of 5 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 05/14/2015 Applicant Buzz Person, on behalf of the owner, stated that he had reviewed the draft resolution and the required conditions. The Zoning Administrator opened the public hearing. One member of the public, Corey, spoke and sought clarification as to what the project would do. A second member of the public, Jim Mosher, spoke and asked whether the repeated approval of such applications was altering the character of the community. Zoning Administrator Wisneski indicated that the subject property was permitted to have two (2) units by right and that the review was solely to create separate ownership for each unit. There were no other public comments. Action: Approved ITEM NO. 5 716 Larkspur Tentative Parcel Map (PA2015-069) 716 Larkspur Avenue CD 6 Jason Van Patten, Assistant Planner, provided a brief project description stating that the Tentative Parcel Map was for condominium purposes. He indicated that a single-unit dwelling was demolished and would be replaced with a new two-unit dwelling. He added that the purpose of the application was to allow the sale of each unit and that the applicant did not request to waive any Title 19 requirements. He noted that the applicant would be subject to fair share fees and fees for park dedication. Applicant Paul Craft of Apex Land Surveying, on behalf of the owner, 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. Action: Approved ITEM NO. 6 511 Carnation Tentative Parcel Map (PA2015-070) 511 Carnation Avenue CD 6 Jason Van Patten, Assistant Planner, provided a brief project description stating that the Tentative Parcel Map was for condominium purposes. He indicated that a two-unit dwelling was demolished and would be replaced with a new two-unit dwelling. He added that the purpose of the application was to allow the sale of each unit and that the applicant did not request to waive any Title 19 requirements. He noted that the applicant would be subject to fair share fees and fees for park dedication. Applicant Paul Craft of Apex Land Surveying, on behalf of the owner, 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. Action: Approved D. PUBLIC COMMENTS ON NON-AGENDA ITEMS Jim Mosher stated that a temporary use permit does not have good visibility on the web site and it should be improved. Page 4 of 5 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 05/14/2015 E. ADJOURNMENT The hearing was adjourned at 4:08 p.m. The agenda for the Zoning Administrator Hearing was posted on May 08, 2015, at 9:35 a.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 May 08, 2015, at 9:43 a.m. Q I M4 - red Wisneski,fAIP, ning Administrator Page 5 of 5