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