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HomeMy WebLinkAbout01_03-29-2018_ZA_MinutesNEWPORT BEACH ZONING ADMINISTRATOR MINUTES NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 Civic Center Drive, Newport Beach Corona del Mar Conference Room (Bay E -1st Floor) Thursday, March 29, 2018 REGULAR MEETING 3:30 p.m. CALL TO ORDER —The meeting was called to order at 3:30 p.m. Staff Present: Patrick J. Alford, Zoning Administrator Gregg Ramirez, Principal Planner Chelsea Crager, Associate Planner Liz Westmoreland, Assistant Planner David Lee, Planning Technician REQUEST FOR CONTINUANCES None. III. APPROVAL OF MINUTES ITEM NO. 1 Draft Minutes of March 15, 2018 Action: Approved 03/29/2018 IV. PUBLIC HEARING ITEMS ITEM NO.2 Dean Residence Coastal Development Permit (PA2017-167) Site Location: 16 Bay Island Council District 1 Chelsea Crager, Associate Planner, provided a brief project description stating that the request is for approval of a coastal development permit (CDP) to demolish a single-family residence on Bay Island. The CDP is not authorizing construction of a new building. Subsequent construction of a single-family dwelling will require a separate CDP at a later date. The project is conditioned for landscape to prevent erosion and will be reviewed for consistency with the City's Local Coastal Program. The Zoning Administrator acknowledged corrections to the draft resolutions. Ms. Crager confirmed the corrections and clarified that page 3 of 5 of the draft resolution under Section 4 should state "Zoning Administrator' instead of "Planning Commission." Further, item No. 2 of Section 4 should be removed entirely and item No. 3 should be renumbered to No. 2. Ms. Crager closed that Ian Harrison is available for questions. Applicant Ian Harrison, of Ian Harrison Architects, on behalf of the Owner, stated that he had reviewed the draft resolution and agrees with all of the required conditions. He additionally asked about the landscape conditions during construction and sought clarification on why those conditions were necessary when an erosion control plan would be in effect. Ms. Crager explained the conditions were part of City procedure. The Zoning Administrator reaffirmed that the Applicant agreed with all the conditions and opened the public hearing. One member of the public, Jim Mosher, pointed out several corrections in the staff report that would correct "Planning Commission" to "Zoning Administrator," and questioned if there were any special conditions or restrictions for vacant lots. Page 1 of 5 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 03/29/2018 Two members of the public, Leonard Miller and Mary Ann Miller, who live adjacent to the Bay Island Bridge, voiced concerns about construction staging areas and some issues in the past with neighboring construction and landscaping projects as well as parking problems. Ms. Crager stated the project has been reviewed by Public Works to address public access issues and Code compliance. An entire street closure would not be permissible and any illegal parking is an enforcement issue. Ian Harrison stated there are regulations on the Island stipulating where construction materials can be placed, but as the architect, could not speak on behalf of the contractor's process. The Zoning Administrator added a condition to the staff report requiring the Applicant to submit a demolition control program prior to the issuance of a demolition permit. The demolition control plan would aim to mitigate impact to property owners at Edgewater Avenue and require review and approval from the Community Development Director. Action: Approved ITEM NO. 3 The LOT Minor Use Permit No. UP2017-020 (PA2017-139) Site Location: 999 Newport Center Drive Council District 5 Gregg Ramirez, Principal Planner, provided a brief project description stating that the request is for approval of minor use permit (MUP) for the The LOT Fashion Island which is located in the tenant space previously occupied by Island Cinemas in Fashion Island. The MUP is to allow a Type 47 (On -Sale General, Full Liquor) Alcoholic Beverage Control license at an allowed eating and drinking establishment operating in conjunction with a 7 -screen movie theater in Fashion Island. The tenant space is currently being renovated and includes a remodeled lobby and eating and drinking establishment area in addition to the reduction in the number of theater seats from 680 to 420. The request includes the addition of live entertainment and dancing. Proposed hours of operation are 7 a.m. to 1:30 a.m. daily for the theater/eating and drinking establishment, and 7 a.m. to 11 p.m. for live entertainment and dancing. He recommended that the Zoning Administrator finds the project exempt from CEQA under Class 3 and that the draft resolution, including findings for approval and conditions of approval, be adopted. Applicant Carlos Wellman, managing Director of The LOT, briefly described the operational characteristics of the establishment. He stated that this is the third location of this brand and that it will be an upscale dining and theater business. He stated that the restaurant will provide breakfast, lunch and dinner and show times vary from time of year, but average start time for movies is 9 a.m. He is requesting flexibility in hours and that the establishment offers a different experience for their patrons. He stated that live entertainment is for different types of events such as taco Tuesday or Sunday brunch. In response to a question from the Zoning Administrator, he explained that live entertainment and dancing is an ancillary use to the theater. He continued that the facility is used for events such as private parties and film festivals. The Zoning Administrator opened the public hearing. One member of the public, Jim Mosher spoke and indicated there was no project description from the applicant. He asked about previous conditions related to the sale of alcohol in the theater. He asked what a "guard card" is. He indicated that the General Plan shows 1,700 theater seats but the staff report says 680 seats and asked if the general plan was not correct. Planner Ramirez stated that the facility is a hybrid restaurant and movie theater with more limited hours for live entertainment and dancing. He stated that the Police Department and staff determined that some conditions of approval in the previous movie theater use permit were not necessary for this request. He indicated the Police Department is in support of this application. He explained that a guard card was issued for licensed security guards, which the Police Department will review along with the Operator License and security plan. Regarding the number of seats in the General Plan, he indicated the 680 limit in the staff report accounted for transfers and conversions of seats that have previously been approved as allowed by the Page 2 of 5 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 03/29/2018 General Plan with no need for an amendment. He stated staff is working on format to share data on those transfers and conversion numbers with the public. There were no other public comments. The Zoning Administrator stated his concern was the other uses becoming dominate over the theater. He asked that Condition No. 29 be revised to clarify the approval includes an eating drinking establishment as an accessory use to the theater. He also revised condition No. 30 to say that the primary use is for a theater and that the approval does not allow the establishment to operate as a bar, lounge or nightclub. Mr. Wellman stated that he had reviewed the draft resolution and agrees with all of the required conditions including the revision to Nos. 29 and 30. Action: Approved ITEM NO. 4 2100 East Balboa Boulevard Demolition Coastal Development Permit No. CD2018-018 (PA2018-041) Site Location: 2100 East Balboa Boulevard Council District 1 David Lee, Planning Technician, provided a brief project description stating that the request is for approval of a coastal development permit for the demolition of an existing 6,300 -square -foot single-family residence and a 600 -square -foot detached garage. The permit is for demolition only, and subsequent to the demolition, the site will be landscaped to control erosion. The project has been conditioned to conform to the landscaping requirements of the Local Coastal Program. Mr. Lee stated that a future single-family residence will require a separate coastal development permit at a later date. Since the property is within 100 feet of coastal waters, an erosion control plan was provided to address any potential water quality issues. Mr. Lee stated that the project is located on the Balboa Peninsula between the nearest public road and the sea. The demolition of an existing single-family residence will not block any public access opportunities, and does not have the potential to degrade the visual quality of the Coastal Zone. Applicant Shawna Schaffner of CAA Planning, on behalf of the Owner, stated that she had reviewed the draft resolution and agrees with all of the required conditions. The Zoning Administrator opened the public hearing. One member of the public, Jim Mosher, spoke and asked if the proposed coastal development permit stipulates a specific time period that would ensure that a new single-family residence would be built in a timely manner. The Zoning Administrator confirmed with Mr. Lee that there is no time period specified in the proposed coastal development permit. Action: Approved ITEM NO. 5 Gulliver Vehicle Sales Minor Use Permit No. UP2018-001 (PA2017-264) Site Location: 2230 Bristol Street Council District 3 Liz Westmoreland, Assistant Planner, provided a brief project description stating that Application is for a minor use permit to allow the operation of a vehicle sales facility within an existing commercial building. No vehicle repair is proposed onsite. The property is located off of Bristol Street and is surrounded by a fast food use, a residential area to the south, and various automobile related uses. The previous land use on site was a vehicle rental facility. The use would serve nearby residents, the community, a larger region, and is consistent with land use and zoning standards. The property is separated from residential uses by a 6 -foot - high block wall and a 144 -foot setback. The site has been used for vehicle related uses for many years. Thus, adequate buffers have been provided and no compatibility issues are anticipated. She further stated no vehicle repair or similar uses would be provided onsite that could create noise or odors. Based on the Page 3 of 5 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 03/29/2018 findings and conditions contained within the resolution staff recommended approval of Minor Use Permit UP2018-001. Applicant's representative Thomas Yuge, on behalf of the Applicant, stated that he had a few questions regarding the resolution. He referred to Condition No. 19, and stated they had some existing Walpak style lights. He asked if it is applicable to the existing or new lighting. Ms. Westmoreland stated that the condition applies to new lighting. Mr. Yuge asked if a building permit would be required. Ms. Westmoreland stated that they could speak with the Building Division afterwards and clarified the type of work that requires a permit. Ms. Westmoreland cited Condition No. 37 where the Building Division requests to review the plans for accessibility requirements even if a building permit is not required. Mr. Yuge stated that they accepted the 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 questioned if Condition No. 19 for lighting still applied to existing lighting in terms of proper shielding. Ms. Westmoreland stated that the lighting would still need to be shielded and not cause light spillage onto other properties. The Zoning Administrator suggested that the word "new" be added to the condition before the word "Walpak" for claification. Mr. Yuge accepted the revised condition. With the revised Condition No. 19, the Zoning Administrator approved the project Action: Approved ITEM NO. 6 Kroener Residence Coastal Development No. CD2017-101 (PA2017-237) Site Location: 5607 Seashore Drive Council District 1 Liz Westmoreland, Assistant Planner, provided a brief project description stating that the application is for a coastal development permit to allow the demolition of an existing single-family residence and the construction of a new single-family residence with an attached two -car garage. The design includes drainage, landscaping, and hardscape improvements. The project complies with all development standards and no deviations are requested. The finished floor of the residence would be 13.39, which would comply with the minimum finished floor requirement of 9.0. The applicant would be required to sign both a waiver of future protective devices and an acknowledgement of hazards. Water quality is addressed through water quality management plan and construction erosion control plan. The development fronts the beach and is 375 from the mean high tide line. There is no bulkhead. The coastal hazards reports states that there are no concerns with coastal hazards at the site. Staff also noted two changes to the conditions of approval. Two conditions will be removed related to offsite improvements and adding a condition that states that the proposed offsite improvements shall conform to all oceanfront encroachment policies including Appendix C of the Local Coastal Program Implementation Plan. An Encroachment Permit shall be obtained for any off-site improvements within the oceanfront encroachment area. Applicant German Villarraga, on behalf of the Owner, stated that he had reviewed the draft resolution and agrees with all of the required conditions including the conditions that were revised after the report was published. The Zoning Administrator opened the public hearing. Seeing that no one from the public wished to comment the public hearing was closed. Action: Approved Page 4 of 5 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES E. PUBLIC COMMENTS ON NON -AGENDA ITEMS 03/29/2018 One member of the public, Jim Mosher asked for clarification on Item No. 6 and the impact fees associated with its development. The Zoning Administrator replied he did not know the answer to the question, as there are a variety of impact fees. Generally, if there was an existing project site and a unit was replaced, it would not be considered a new dwelling unit. He further stated that each applicable ordinance would have to be looked at to determine the impact fee for a specific project site. F. ADJOURNMENT The hearing was adjourned at 4:24 p.m. The agenda for the Zoning Administrator Hearing was posted on March 23, 2018, at 3:00 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 March 23, 2018, at 3:49 p.m. Patrick J. Alford, Zoning Administrator Page 5 of 5