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HomeMy WebLinkAbout01_11-12-2020_ZA_Minutes - DRAFT Page 1 of 3 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM THURSDAY, NOVEMBER 12, 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 Patrick Achis, Assistant Planner Afshin Atapour, Planning Technician II. REQUEST FOR CONTINUANCES None. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF OCTOBER 29, 2020 Action: Approved as amended IV. PUBLIC HEARING ITEMS ITEM NO. 2 Balboa Wine Minor Use Permit No. UP2020-167 (PA2020-266) Site Location: 611 East Balboa Boulevard Council District 1 Patrick Achis, Assistant Planner, provided a brief project description stating that the project is a minor use permit to establish a 925-square-foot store specializing in retail wine sales (Alcohol Sales, Off-Sale) with a 125- square-foot accessory tasting area and a maximum of eight seats to be dedicated for the limited on-site consumption of wine products sold in the store. The ultimate intent of the tasting area is to provide a specialized experience in which the customer samples wine before making a purchasing decision. The subject property is on the Balboa Peninsula and is located within an existing mixed-use building. The operational characteristics of the use are that of a retail store, which is compatible with other uses within Balboa Village. Current uses in the vicinity include retail and service commercial for various businesses such as a nail salon, retail clothing store, real estate office, and restaurants among others. Mr. Achis, Assistant Planner, explained that all on-site consumption of wine products will be regulated by the Operator’s Type 02 (Winegrowers) Alcoholic Beverage Control (ABC) license as well as the conditions of approval. Pursuant to the Type 02 ABC License, pours are limited to the wines produced by the winegrower and limited to 2 ounces. The hours of operation for the retail store and related, accessory wine tasting are limited from 10 a.m. to 10 p.m., daily. No wine tastings will be poured after 9 p.m. The project is located in the coastal zone but is exempt from the coastal development permit requirements. The project does not meet the definition of “development” pursuant to Newport Beach Municipal Code (NBMC) Section 21.52.035.2 (Other Existing Structures). There are no improvements to the structure that result in changes in floor area, increase to parking demand, or otherwise change the general level of activity in the area. Due to the intended use description, license type, the small size of the space, the limited tasting area, no late hours, and the Applicant's ABC record, the Newport Beach Police Department (NBPD) does not have any concerns with this project. As proposed, this location should not create an increased burden on police resources. Mr. Achis, Assistant Planner, added that two public comments were received by staff. One was from Kelly Carlson, president of the Balboa Village Merchant Association, who expressed support of the project. The second was from Mr. Jim Mosher who commented on two clerical errors. Mr. Mosher’s correspondence also pointed out the City’s current consideration of wine tasting rooms in the industrial zoning district. Mr. Achis MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 11/12/2020 Page 2 of 3 clarified the proposed use is located within a mixed-use zoning district and not affiliated with the pending amendment for wine tasting rooms in the industrial zoning district. The proposed use is not a wine tasting room and would allow for the retail sale of wine with limited, accessory tastings. Unlike a wine tasting room, the proposed use would have no portion of the licensed premises maintained for the sole purpose of sale or service of alcoholic beverages directly to patrons for consumption. Applicants David and Billy Vondrasek, the operators of Balboa Wine, stated that they had reviewed the draft resolution and agree with all of the required conditions. The Zoning Administrator opened the public hearing. One member of the public, Mr. Jim Mosher, thanked staff for the clarification of the proposed use and the pending amendment for wine tasting rooms in the industrial zone. He suggested that the Applicants familiarize themselves with the proposed amendment. The Zoning Administrator closed the public hearing. Action: Approved as amended ITEM NO. 3 Cameo Highlands Lot Line Adjustment No. LA2020-003 (PA2020-080) Site Location: 4800 Surrey Drive, 716 and 722 Cameo Highlands Drive Council District 6 Afshin Atapour, Planning Technician, provided a brief project description stating that this is a request for a lot line adjustment to realign the rear property line between three residences located at 4800 Surrey Drive, 716 and 722 Cameo Highlands Drive. The lot line adjustment will shift the existing rear property line between the three parcels towards the south, reallocating approximately 1,019 square feet of land to 716 and 722 Cameo Highlands Drive. The proposed lot line adjustment results from the existing rear and side property line walls on 716 and 722 Cameo Highlands Drive that were constructed on 4800 Surrey Drive. The existing area of 4800 Surrey Drive is approximately 13,806 square feet and the proposed lot line adjustment would decrease the area to approximately 12,787 square feet. The existing area of 716 Cameo Highlands Drive is approximately 7,678 square feet and the proposed lot line adjustment would increase the area to approximately 7,987 square feet. The existing area of 722 Cameo Highlands Drive is approximately 7,752 square feet and the proposed lot line adjustment would increase the area to approximately 8,462 square feet. All three properties will continue to allow for a maximum of a single unit dwelling consistent with the applicable General Plan Land Use and zoning designation. All three reconfigured lots will remain consistent with the minimum requirements of the R- 1-6000 zone. The subject properties are located in the Coastal Zone. However, the proposed lot line adjustment will not result in any change of density. The Planning Division received a public comment from Mr. Mosher discussing changes in density for all three properties, however density which is defined as the number of units, is not decreasing or increasing for any of the properties and therefore, would not require a Coastal Development Permit. The Zoning Administrator clarified that this is an attempt to align the property lines with the actual improvements of the properties. Applicant Ron Miedema on behalf of RDM Surveying, 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, Mr. Mosher, stated that this project upholds the existing condition describing no changes in density to the existing properties in combination. He also clarified that the movement of the lot lines changes the density of each individual lot when increasing or reducing their size. Mr. Mosher suggested that the City’s conditions should include the categorical exclusions similar to the Coastal Commission’s definitions for the adjustment of lot lines. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 11/12/2020 Page 3 of 3 The Zoning Administrator closed the public hearing. Action: Approved as amended V. PUBLIC COMMENTS ON NON-AGENDA ITEMS None. VI. ADJOURNMENT The hearing was adjourned at 10:20 a.m. The agenda for the Zoning Administrator Hearing was posted on November 5, 2020, at 5:00 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 November 5, 2020, at 5:10 p.m. Jaime Murillo Zoning Administrator