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HomeMy WebLinkAbout00 - Draft Minutes NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 04/16/2015 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 Civic Center Drive, Newport Beach Corona del Mar Conference Room (Bay E-1st Floor) Thursday, April 16, 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 Makana Nova,Associate Planner Jason Van Patten,Assistant Planner Benjamin M. Zdeba,Assistant Planner B. MINUTES of March 26, 2015 Action: Approved C. PUBLIC HEARING ITEMS ITEM NO. 1 Bayshores Temporary Parking Lot (PA2015-003) 100 Dover Drive CD3 Benjamin M. Zdeba, Assistant Planner, provided a brief project description stating that the Bayshores Community Association is requesting to use a portion of the City-owned property at 100 Dover Drive as a temporary parking area with twenty (20) parking spaces for contractors working on construction projects in the Bayshores Community for a 12-month period. He noted the General Plan Designation and Zoning District for the property and indicated the proposed use is consistent with both inasmuch as the use will not hinder permanent development on the site. He further added that no permanent improvements would be allowed to establish the temporary parking lot as conditioned in the draft resolution for approval. The Zoning Administrator opened the public hearing. One member of the public, Jim Mosher, spoke regarding the larger area of the lot toward the water being used as public parking and the duration of the limited term permit that was granted for the same use previously; as well as the 30-day use termination period specified by the Limited Term Permit section of the Zoning Code. He also noted that Condition of Approval Nos. 1 and 4 include erroneous references and further expressed concern relative to revocation of the Limited Term Permit and fee payment. There were no other public comments and the Zoning Administrator closed the public hearing. Mr. Zdeba addressed Mr. Mosher's questions and concerns regarding the duration of use and timing limitations and further indicated the Limited Term Permit would require a license agreement with the City to become effective which will allow for termination and will require payment. Zoning Administrator Wisneski noted a revised draft resolution had been distributed to indicate there was a previous limited term permit issued for the same use that had expired. With changes made to Condition of Approval Nos. 1 and 4 to omit the incorrect references, she approved the Limited Term Permit application. Action: Approved Page 1 of 4 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 04/16/2015 ITEM NO.2 Griggs Tentative Parcel Map (PA2015-031) 616 Narcissus Avenue CD 6 Benjamin M. Zdeba, Assistant Planner, provided a brief project description stating that the applicant is requesting approval of a tentative parcel map in conjunction with the construction of a new duplex being built in conformance with condominium standards. He noted that the property is not within the Coastal Zone and added that no deviations from the Title 19(Subdivisions)standards were requested as part of the application. A representative of Apex Land Surveying, Inc., 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. Seeing that no one from the public wished to comment, the public hearing was closed. Zoning Administrator Wisneski expressed agreement that the findings for approval can be made and approved the Tentative Parcel Map application. Action: Approved ITEM NO.3 Chaba Thai Massage and Spa (PA2015-039) 1000 Bristol Street N., Suite 19 and 20 CD3 Jason Van Patten, Assistant Planner, provided a brief project description stating that the minor use permit application was for the expansion of Chaba Thai Massage and Spa. He stated that the business operated out of a tenant space in the Plaza Newport Shopping Center under an approved use permit and the business owner requested to expand into the adjacent tenant space. He noted that the area would be used for additional massage rooms, office, and larger reception and that the allowed hours of operation were not changing. Mr. Van Patten stated that the use was compatible with other surrounding shopping center uses that included retail and restaurant and that parking was adequately provided in the shopping center parking lot. He indicated that conditions of approval from the previous use permit were carried forward and that the applicant was required to obtain an Operator's Permit from the Police Department. Applicant Michael Guenther stated that he had reviewed the draft resolution and the required conditions. The Zoning Administrator opened the public hearing. One member of the public, Jim Mosher, spoke and had two (2)comments. He indicated that Condition No. 14 referenced legislation that has since been repealed and replaced and felt it should reference AB 1147 and Chapter 10.5 of the Business and Professions Code. He also indicated that Condition No. 15 needed to clarify that it was in reference to the City's forthcoming massage ordinance that was previously adopted but not yet effective, rather than the ordinance in effect presently. There were no other public comments. Mr.Van Patten indicated that the applicant was aware of the new massage ordinance. Zoning Administrator Wisneski indicated that Condition No. 14 would be corrected and that Condition No. 15 was written correctly. She moved to approve the application for the Minor Use Permit with the change to Condition No. 14 of the draft resolution. Action: Approved Page 2 of 4 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 04/16/2015 ITEM NO. 4 Ra Yoga Minor Use Permit(PA2015-045) 1617 Westcliff Drive,#107, #109, and#111 CD3 Makana Nova, Associate Planner, provided a brief project description stating that the applicant requested a minor use permit to allow a yoga studio as part of the renovation of the existing building at 1617 Westcliff Drive. The subject tenant suites had previously been occupied by two (2) smaller health and fitness facilities and the consolidation of these suites into one (1) larger facility triggers the requirement for a minor use permit since the tenant space now exceeds 2,000 square feet of gross floor area.A parking demand analysis for the new mix of uses was prepared in December, 2014, as part of a Conditional Use Permit to authorize a restaurant within the building. The parking demand analysis incorporated the proposed health and fitness facility into the mix of uses but suggested that parking may be limited during the peak weekday hours. As a result, Ms. Nova recommended limiting the class size from 9:00 a.m. through 8:00 p.m., Monday through Friday, to a maximum of thirty (30) instructors and students within the tenant space. She then presented revised draft conditions of approval that modify the hours when the class limitation would apply. The proposed floor plan for the facility includes two (2)studio spaces where yoga classes will be conducted. Applicant, Bobby Kittleman, on behalf of the Ra Yoga, expressed his enthusiasm for opening a second Yoga studio at the 1617 Westcliff Drive location. The applicant's designer, Juanita Fotheringham, stated that they had reviewed the draft resolution and the required conditions. The Zoning Administrator opened the public hearing. One member of the public, Jim Mosher, spoke and had several comments. He noted that Condition No. 3 identifies specific times where the class size would be limited whereas Fact No. 4 of Finding C did not make this distinction in the draft resolution. He also noted that the conditions of approval do not restrict the hours of operation whereas the facts in support of the required findings note the proposed business hours under Fact No. 3 of Finding C. He suggested that the overall hours of operation be limited under the conditions of approval. Finally, Mr. Mosher requested that the California Environmental Quality Act (CEQA) determination in the draft resolution be modified to identify that this determination is based on the State CEQA Guidelines. There were no other public comments. Zoning Administrator Wisneski indicated that Fact No.4 of Finding C should be corrected to specify the hours for which the class size will be limited and requested that a condition of approval be added to specify the hours of operation from 5:00 a.m.through 9:30 p.m., daily. She also made a editorial change to Condition#8. She moved to approve the application for the Minor Use Permit with these changes to the draft resolution. Action: Approved D. PUBLIC COMMENTS ON NON-AGENDA ITEMS None. E. ADJOURNMENT The hearing was adjourned at 4:00 p.m. The agenda for the Zoning Administrator Hearing was posted on Thursday, April 09, 2015, at 11:50 a.m. in the Chambers binder and on the digital display board located inside the vestibule of the Page 3 of 4 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 04/16/2015 Council Chambers at 100 Civic Center Drive and on the City's website on Thursday, April 09, 2015, at 11:58 a.m. Brenda Wisneski, AICP, Zoning Administrator Page 4 of 4