HomeMy WebLinkAbout01_10-29-2020_ZA_Minutes - DRAFT
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NEWPORT BEACH ZONING ADMINISTRATOR MINUTES
100 CIVIC CENTER DRIVE, NEWPORT BEACH
ZOOM MEETING
THURSDAY, OCTOBER 29, 2020
REGULAR MEETING – 10:00 A.M.
I. CALL TO ORDER – The meeting was called to order at 10:00 a.m.
Staff Present (remote): Jaime Murillo, Zoning Administrator
Joselyn Perez, Assistant Planner
Melinda Whelan, Assistant Planner
II. REQUEST FOR CONTINUANCES
None.
III. APPROVAL OF MINUTES
ITEM NO. 1 MINUTES OF OCTOBER 15, 2020
Action: Approved as amended
IV. PUBLIC HEARING ITEMS
ITEM NO. 2 Handel’s Homemade Ice Cream Minor Use Permit No. UP2020-170 (PA2020-223)
Site Location: 2200 West Ocean Front, Suite A Council District 1
Melinda Whelan, Assistant Planner, provided a brief project description stating that this application is a request
for a minor use permit to convert an existing full-service eating and drinking establishment (Urban Cup) into a
take-out service, limited eating and drinking establishment. The request includes a maximum of six seats, no
alcohol service and no late hours. If approved, this Minor Use Permit would supersede Minor Use Permit No.
UP2017-013 (PA2017-096). The existing commercial building consists of Suite A, an existing restaurant Urban
Corner operating under Minor Use Permit No. UP2017-013 as a food service, with no late hours and a Type
41 Alcoholic Beverage Control (ABC) License. In Suite B there is a retail bicycle shop and a shaved ice take
out service limited food service occupies Suite C. All of the Suites current tenants will be vacating, the proposed
take-out service, limited ice cream shop will occupy Suite A and the remaining two suites will be combined and
processed under a separate minor use permit (UP2020-171) for a new restaurant (22nd Street Pizza under
PA2020-224). There is no existing parking onsite however the existing commercial building has a
nonconforming credit for 16 parking spaces. The proposed ice cream shop per the Zoning Code requires eight
spaces and the proposed 22nd Street Pizza requires eight spaces, so there is no net increase in parking
demand.
Property owner, Laura Marroquin, stated that she had reviewed the draft resolution and agrees with all of the
required conditions. Ms. Marroquin stated that she represents both applications, Handel’s Homemade Ice
Cream and 22nd Street Pizza as the property owner.
The Zoning Administrator expressed concern regarding the lack of an enclosure to secure the open vestibule
of the proposed ice cream shop and that the need in future may result in an enclosure that is not aesthetically
pleasing.
Marcus Weening, Handel’s owner, responded that the windows are lockable within the open vestibule. He
offered that they will add security screens/walls for the vestibule if necessary and agreed they could be
designed to be architecturally compatible with the building.
MINUTES OF THE MEETING OF THE
NEWPORT BEACH ZONING ADMINISTRATOR 10/29/2020
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The Zoning Administrator asked Ms. Marroquin regarding the court paperwork received just before the public
hearing regarding the existing tenant, Urban Corner.
Ms. Marroquin responded that the lease for Urban Corner expired September 30th and they are currently in the
legal process to remove the tenant.
The Zoning Administrator opened the public hearing.
Jim Mosher spoke and stated that the exterior of the back of house for Handel’s along 22nd Street appears to
be an unoccupied suite and that this should be improved to architecturally.
Nathan Fransen representing the existing tenant, Urban Corner, spoke and explained the pending legal dispute
and stated there has not been a court determination. He requested that determination of this permit be delayed
until the legal dispute is resolved.
The Zoning Administrator closed the public hearing.
Mr. Weening responded that the exterior portion of the back of house will be improved to be visually appealing
and be consistent with the front of Handel’s.
Zoning Administrator stated the legal dispute is a private matter and the property owner has a right to request
this application at this time.
The Zoning Administrator made the following changes to the Resolution:
• Fact No. 3 in support of Finding A., clarify the statement on the surrounding area’s uses.;
• Added a condition to state that any security enclosure added to the vestibule shall be architecturally
compatible with the design of the building to the satisfaction of the Community Development Director;
• Added a condition that the rear store front along 22nd Street exterior be improved to avoid the look of
a vacant store front to the satisfaction of the Community Development Director.
Action: Approved as amended
ITEM NO. 3 22nd Street Pizza Minor Use Permit No. UP2020-171 (PA2020-224)
Site Location: 2200 West Ocean Front, Suite B Council District 1
Melinda Whelan, Assistant Planner, provided a brief project description stating that the request is for a minor
use permit to convert an existing shaved ice (take-out service eating and drinking establishment) and bike
rental shop into a full-service eating and drinking establishment. The request includes 23 seats and a Type 41
Alcoholic Beverage Control License (On-Sale Beer and Wine) with no late hours. Hours of operation proposed
are 11:00 a.m. to 10:00 p.m., daily. Concurrently, a separate minor use permit (UP2020-170) is being
processed to convert Suite A (Urban Cup) into a take-out service, limited ice cream shop (Handle’s Homemade
Ice Cream under PA2020-223). The ice cream shop includes a maximum six seats with no late hours and no
alcohol service. Essentially the Urban Corner development rights are being shifted to Suite B and Suite C for
this proposal of 22nd Street Pizza. There is no net increase in the number of ABC Licenses, hours, net public
area or the number of full-service restaurants. There is no existing parking onsite however the existing
commercial building has a nonconforming credit for 16 parking spaces. The proposed ice cream shop per the
Zoning Code requires eight parking spaces and the proposed 22nd Street Pizza requires eight parking spaces,
so there is no net increase in parking. A condition is included in the resolution requiring that since 22nd Street
Pizza is essentially taking over the development rights of Urban Corner, in order for the Pizza Place to
commence operation Urban Corner must vacate Suite A and Handel’s Ice Cream must occupy Suite A. This
ensures that the overall use of the building is not intensified.
Property owner, Laura Marroquin stated that she had reviewed the draft resolution and agrees with all of the
required conditions.
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NEWPORT BEACH ZONING ADMINISTRATOR 10/29/2020
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The Zoning Administrator reconfirmed the timing to the Ms. Marroquin and the requirement that in order for
22nd Street Pizza to commence operation, Urban Corner must first be vacated, and Handel’s Minor Use Permit
shall be effective.
One member of the public, Jim Mosher, spoke and stated that the Police Memo in Attachment No., ZA 3 was
missing.
The Zoning Administrator closed the public hearing.
Ms. Whelan responded to Mr. Mosher’s comment and read the Police Department Memo explaining their
findings. The following are the findings and conclusions found in the Memo:
• There is no net increase of ABC Licenses within the Reporting District 15 due to that Urban Corner
will be vacating their use and ABC License.
• The Type 41 ABC License is an accessory menu item to the eating and drinking establishment and
the establishment will not operate as a bar or tavern.
• The operational characteristics of the proposal include no late hours and a reduction of the total
number of seats.
• The Police Department has no objections to the request and has provided standard conditions of
approval to mitigate any potential impacts which are included in the resolution.
Action: Approved
ITEM NO. 4 Goldenrod, a California Limited Liability LLC Residential Condominiums Tentative
Parcel Map No. NP2020-012 and Coastal Development Permit No. CD2020-133 (PA2020-
248)
Site Location: 506 and 508 Goldenrod Avenue Council District 6
Joselyn Perez, Assistant Planner, provided a brief project description stating that the subject properties are
zoned R-2 and historically lots 506, 508, 510, and 512 Goldenrod Avenue were used as a parking lot for two
commercial buildings on East Coast Highway, pursuant to the conditions of approval of an existing Use Permit
No. 3638; however, in 2017, the Planning Commission removed the condition that required the lots to be used
for parking. This allowed the owner to redevelop the properties. The subject properties are located within an
area of the Coastal Zone that is exempted from obtaining approval of a coastal development permit (CDP) for
specific types of development. This area, known as the Categorical Exclusion Order (CEO) area, allows for the
construction of two-unit, residential structures without obtaining a CDP contingent upon providing a notice of
exclusion to the Coastal Commission. The duplex at 506 Goldenrod Avenue is being constructed pursuant to
CEO2017052 and the duplex at 508 Goldenrod Avenue is being constructed pursuant to CEO2017053. The
new duplexes have been reviewed by all relevant City departments and they conform to all applicable
development standards.
Applicant Matthew Watson, on behalf of the Owner, stated that he had reviewed the draft resolution and agrees
with all of the required conditions.
Zoning Administrator Murillo asked staff to clarify condition of approval number two that the parcel map must
be recorded prior to finalizing any building permits.
The Zoning Administrator opened the public hearing. Seeing that no one from the public wished to comment,
the public hearing was closed.
Action: Approved as amended
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NEWPORT BEACH ZONING ADMINISTRATOR 10/29/2020
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ITEM NO. 5 Robitaille Residence Coastal Development Permit No. CD2020-071 (PA2020-121)
Site Location: 908 East Balboa Boulevard Council District 1
Joselyn Perez, Assistant Planner, provided a brief project description stating that the request is for a coastal
development permit to allow the demolition of a detached, one-car garage that serves an existing single-family
residence and the construction of a new, detached, 436-square-foot, two-car garage with a 533-square-foot
accessory dwelling unit (ADU) above. The design complies with all applicable development standards and no
deviations are requested.
The property consists of one legal parcel that is currently developed with a single-family residence, a detached
one-car garage, and accessory structures. The existing one-car garage is nonconforming because it does not
provide the appropriate number of parking spaces (two), which are required for single-family residences. The
ADU is proposed to have one bedroom, one bathroom, a kitchen, and living area. Staff originally believed that
the project does not require additional parking to be provided for the ADU as Title 21 does not require
additional parking for an ADU when the proposed ADU is located within one-half mile of a public transit;
however, the nearest bus stop does not meet the current Title 21 definition of public transit. Assistant
Planner Perez explained that regardless of whether this bus stop meets the current Title 21 definition, new
California state law contains a definition for public transit that is more inclusive, and the way Title 21 is
currently written is more restrictive and inconsistent with state law. The City has submitted a Local Coastal
Program (LCP) amendment to update this language and this amendment is awaiting review of Coastal staff.
Additionally, staff reached out to Coastal Commission staff over the inconsistency and received guidance
that the Coastal Commission is not discouraging projects like this from going forward in the meantime as
long as they do not negatively impact the public’s ability to access the coast. The proposed project is highly
unlikely to negatively impact access as there is a large municipal parking lot about a quarter mile from the
project site and furthermore, this project merely preserves the existing parking ratio and does not create a
greater demand for on-street parking.
The habitable portion of the project will be safe from flooding hazards for the next 75 years. The proposed floor
elevation of the garage is approximately 8.40 feet NAVD88 with the ADU finished floor around 16.75 feet
NAVD88. The new two-car garage will be subject to flooding with a sea level rise of about 0.5 feet but flooding
of the garage, a non-habitable area, is allowed under the Federal Emergency Management Agency (FEMA)
ASCE 24. The project site is located between the nearest public road and the sea but is unlikely to negatively
impact coastal access and the project is not within a coastal view nor will it impact nearby lateral and vertical
access.
Zoning Administrator Murillo requested that the applicant add the roof pitch and overall height of the cupola to
the plans.
Applicant Brad Smith, on behalf of the Owner, stated that he 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 stated that he believed state law is somewhat ambiguous
on the Accessory Dwelling Units (ADU) owner-occupancy requirement moratorium and he questioned whether
an owner-occupancy requirement would later be required.
The Zoning Administrator closed the public hearing and answered Mr. Mosher’s question.
Action: Approved as amended
V. PUBLIC COMMENTS ON NON-AGENDA ITEMS
None.
MINUTES OF THE MEETING OF THE
NEWPORT BEACH ZONING ADMINISTRATOR 10/29/2020
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VI. ADJOURNMENT
The hearing was adjourned at 10:56 a.m.
The agenda for the Zoning Administrator Hearing was posted on October 23, 2020, at 1:30 p.m. 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 October 23, 2020, at 1:40 p.m.
Jaime Murillo
Zoning Administrator
November 12, 2020, Zoning Administrator Agenda Comments
Comments submitted by: Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach
92660 (949-548-6229)
Item 1. Draft Minutes of October 29, 2020
The following corrections are suggested:
Page 1, Item 2, paragraph 1, sentence 6: “All of the Suites suites’ current tenants will be
vacating, the. The proposed take-out service, limited ice cream shop will occupy Suite A and
the remaining two suites will be combined and processed under a separate minor use permit
(UP2020-171) for a new restaurant (22nd Street Pizza under PA2020-224).”
Page 2, paragraph 8: “The Zoning Administrator stated the legal dispute is a private matter and
the property owner has a right to request this application at this time.”
Page 2, Item 3, paragraph 1, next to last sentence: “A condition is included in the resolution
requiring that since 22nd Street Pizza is essentially taking over the development rights of Urban
Corner, in order for the Pizza Place pizza place to commence operation Urban Corner must
vacate Suite A and Handel’s Ice Cream must occupy Suite A.”
Page 3, paragraph 1: “The Zoning Administrator reconfirmed the timing to the Ms. Marroquin
and the requirement that in order for 22nd Street Pizza to commence operation, Urban Corner
must first be vacated, and Handel’s Minor Use Permit shall be effective.”
Page 4, Item 5, paragraph 2, sentence 3: “Staff originally believed that the project does not
require additional parking to be provided for the ADU as Title 21 does not require additional
parking for an ADU when the proposed ADU is located within one-half mile of a public transit;
however, the nearest bus stop does not meet the current Title 21 definition of public transit.”
Page 4, Item 5, paragraph 7: “One member of the public, Jim Mosher, spoke and stated that he
believed state law is somewhat ambiguous on the Accessory Dwelling Units (ADU) owner-
occupancy requirement moratorium and he questioned whether an owner-occupancy
requirement would could later be required.”
Zoning Administrator - October 29, 2020
Item No. 1a Additional Materials Received After Deadline
Draft Minutes of October 29, 2020