HomeMy WebLinkAbout01-26-2017_ZA_Minutes NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 01/26/2017
NEWPORT BEACH ZONING ADMINISTRATOR MINUTES
100 Civic Center Drive, Newport Beach
Corona del Mar Conference Room (Bay E-1 st Floor)
Thursday, January 26, 2017
REGULAR HEARING
3:30 p.m.
A. CALL TO ORDER—The meeting was called to order at 3:30 p.m.
Staff Present: Patrick J. Alford, Zoning Administrator
Rosalinh Ung, Associate Planner
Ben Zdeba, Associate Planner
Liz Westmoreland, Assistant Planner
B. REQUEST FOR CONTINUANCES
C. MINUTES of January 12, 2016
Action: Approved
D. PUBLIC HEARING ITEMS
ITEM NO. 1 Newport Beach Country Club Tentative Parcel Map No. NP2016-013 (PA2016-124)
Site Location: 1602 E. Coast Highway(10 Clubhouse Drive) Council District 5
Rosalinh Ung, Associate Planner, provided a brief project description stating that the application is for a
tentative parcel map for the consolidation of 11 parcels (Lots 1 through 7 and Lots A through D) of
Vesting Tentative Tract Map No. NT2005-003 (TTM15347) into four parcels for future financing and
conveyance purposes. No development or improvements are proposed as part of this application. Also,
clarification was provided on the requirement of a coastal development permit for the future development
of the site and subject tentative parcel map application.
Applicant Roy Roberson of Land Strategies, LLC, on behalf of the managing owner, stated that he had
reviewed the staff report and is available for questions.
The Zoning Administrator opened the public hearing. Jim Mosher requested clarification on the number of
parcels involved in the subject application and further stated his disagreement on the General Plan Land Use
consistency of the development on subject property.
Shawna Schaffner of CAA Planning requested clarification of Finding K-2 of the Draft Resolution pertaining to
the coastal development permit requirement for the subject application and future improvements on the
subject property which is not a part of this tentative parcel map application.
Robert O Hill, managing owner briefly commented on the approved entitlements and development for the
subject property.
Zoning Administrator commented and determined that the comments received presented no evidence that
would cause him to dispute the City Council's prior determination of consistency with the General Plan.
Action: Approved
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NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 01/26/2017
ITEM NO.2 101 Bayside Drive Limited Term Permit No. XP2016-009 (PA2016-164)
Site Location: 101 Bayside Drive Council District 5
Action: Item removed from calendar
ITEM NO. 3 Balboa Bakery and Donuts Minor Use Permit No. UP2016-046 (PA2016-190)
Site Location: 706 E Bay Avenue Council District 1
Liz Westmoreland, Assistant Planner, provided a brief project description stating that the application is for a
minor use permit to allow the operation of a bakery (take-out service, limited eating and drinking
establishment) within 500-feet of a residential district. The proposed bakery would include retail uses and
primarily provide food services to go with up to 6 seats for customers. The site is currently occupied by the
Bay Arcade. An overview of the project layout, hours of operation, and parking was provided. Staff
recommended approval of Minor Use Permit No. UP2016-046, and provided a resolution with findings.
Applicant Ha Nguyen of Win Nguyen Design Group, on behalf of the Owners, stated that he had reviewed
the draft resolution and agrees with all of the required conditions.
The Zoning Administrator opened the public hearing. Four members of the public spoke in support of the
project.There were no other public comments.
Action: Approved
ITEM NO.4 The Crab Cooker Lot Merger No. LM2016-007 (PA2016-186)
Site Location: 2200 and 2202 Newport Boulevard Council District 1
Ben Zdeba, Associate Planner, provided a brief project description stating that the existing The Crab Cooker
restaurant is constructed on two lots with the building crossing an interior lot line. He noted the building had
been damaged due to construction of the new project on the adjoined property and indicated the Lot Merger
was necessary to formally recognize the restaurant site as a single parcel and building site in advance of any
repair or redevelopment. He described the resulting parcel and noted it would meet the minimum
development standards while being compatible with the neighborhood.
Applicant's representative, Marci DePasquale, described the existing restaurant as a longstanding institution
and furthered that this application would precede and allow future repair and/or redevelopment of the
property. She stated agreement with the findings and conditions of approval as written.
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. 5 North Newport Center Planned Community Development Agreement Annual
Review No. DA2007-002 (PA2009-023)
Site Location: Block 100,400, 500, 600 and 800 of Newport Center Drive
and San Joaquin Plaza Council District 5
Ben Zdeba, Associate Planner, referenced the term of the Development Agreement and noted this review is
for the year 2015. He indicated that as part of this review, staff identified an apparent scrivener's error in the
entitlements for Block 600 and continued to work with Irvine Company to clarify the discrepancy. He noted
that although the Planned Community Development Plan limits are incorrect, the General Plan Land Use
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NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 01/26/2017
limits have been correct, and that the 42,500-square-foot difference had therefore not been constructed. He
added that Irvine Company acknowledged the error and submitted a letter to that effect, which was attached
to the staff report. He also added the Planned Community Development Plan would be fixed to reflect the
correct number at a later date and that the most recent tracking table is accurate.
Shawna Schaffner of CAA Planning, on behalf of Irvine Company, reiterated Mr. Zdeba's description of the
scrivener's error. She noted that not much activity had occurred in 2015, and that the Annual Monitoring
Report for year 2016 has been submitted. She indicated she reviewed the staff report and agreed with staff's
conclusions.
The Zoning Administrator opened the public hearing.
Jim Mosher, resident, expressed confusion regarding the calculation of the conversion factor that caused the
scrivener's error and noted the aggregate amounts in the development activity table for 2015 were unclear,
especially as they relate to the prior year. He also expressed the need for clarity with respect to the General
Plan Land Use limitations and noted the tables should be updated whenever transfers or changes are made.
There were no other public comments.
Mr. Zdeba stated the review for 2016 should come before the Zoning Administrator within the next few
months. He introduced Principal Planner Jim Campbell. Mr. Campbell and Ms. Schaffner provided some
additional details to clarify the conversion factor as it relates to the scrivener's error and the development
activity table for 2015.
Zoning Administrator Alford found Irvine Company in good faith and compliance with the North Newport
Center Zoning Implementation and Public Benefit Agreement for the year 2015.
Action: Receive and File North Newport Center Implementation and Public Benefit
Agreement Annual Report Year 2015 (January 2015-December 2015)
E. PUBLIC COMMENTS ON NON-AGENDA ITEMS
Jim Mosher, resident, questioned whether or not provisions exist in the Municipal Code to allow existing
nonconforming structures, which cross legal lot lines to be repaired.
Principal Planner Jim Campbell stated there are such provisions; however, a new structure would have to
comply.
F. ADJOURNMENT
The hearing was adjourned at 4:19 p.m.
The agenda for the Zoning Administrator Hearing was posted on January 20, 2017, at 3:55 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 January 20, 2017, at 4:05 p.m.
Patrick J.Alford, Zoning Administrator
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