HomeMy WebLinkAbout01_08-26-2021_ZA_Minutes - DRAFT
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NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM THURSDAY, AUGUST 26, 2021
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 Melinda Whelan, Assistant Planner
Afshin Atapour, Planning Technician Caitlyn Curley, Planning Technician
II. REQUEST FOR CONTINUANCES
None. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF JULY 29, 2021
Action: Approved
IV. PUBLIC HEARING ITEMS ITEM NO. 2 Dandelion Café Minor Use Permit No. UP2021-014 (PA2021-081) Site Location: 4100 and 4106 Newport Place Drive Council District 3
Melinda Whelan, Assistant Planner, provided a brief project description stating that the applicant proposes to
convert an existing storage area in a parking structure into a full service, food service eating and drinking establishment (Dandelion Café) with no late hours and a Type 41 (On-Sale Beer and Wine) Alcoholic Beverage
Control License. Parking is provided on-site and shared by the offices within the office complex. A mathematical error was made on the parking calculation. The required parking is 26 spaces, resulting in 14 surplus spaces
(staff report stated 25 spaces required, resulting in 15 surplus spaces). The Police Department reviewed the proposed project and Alcoholic Beverage License, finding no objections with certain conditions included in the
conditions of approval.
The Zoning Administrator questioned whether the entire space proposed as the café was existing storage or if there was additional square footage being added. The Zoning Administrator paused the public hearing in order to give staff time to produce the plans on record to confirm that the café is not an increase in square footage that would require further research and potentially an amended application.
Upon reopening the public hearing, staff reported back and confirmed that the building permits on file confirm
the original construction of the racquet ball court later turned storage is the same area as the proposed café. Applicant Dale Lyon of Olen Properties 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, Issam Naber, asked a question regarding the address and which tenants are related and replacement of existing café.
MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 08/26/2021
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One member of the public, Lucy Walter expressed concern that the existing tenants were not involved in the application of the new use and the additional traffic to the building could be unsafe.
One member of the public, Suzy McLaughlin explained that there is no population to support the new café and it appears that the owner is intentionally pushing out the existing café. The Zoning Administrator closed the public hearing. Staff explained that the addresses: 4101 MacArthur is the Bank of America, 4141 MacArthur is Glidewell, 4100
Newport Place has various general office uses, and 4106 Newport Place is the parking structure. 4100 Newport Place and 4106 Newport Place are one parcel. The applicant confirmed that 4100 Newport Place consists of various general office uses and the parking
structure at 4106 Newport Place is shared by Glidewell, Bank of America and 4100 Newport Place offices. He explained the intended customer base and differences between the proposed restaurant and existing café,
including full kitchen, ABC License, and catering operations. The existing café has no full kitchen or alcohol service and is more like a to-go cafeteria. The proposed café is intended to mainly serve offices and is only open during office hours.
Staff explained that the traffic division in public works had reviewed the application and confirmed that the generated new trips did not exceed threshold to require a traffic study. The traffic division also reviewed the
circulation of the parking and access. Conditions of approval are included that require the final parking layout to meet City standard and parking signage to ensure safety.
The Zoning Administrator explained that there is a trend to provide additional restaurants within this
transitioning mixed-use Airport Area to provide more options dining options for existing employees and future residents. The City cannot discourage competition and the use is compliant with the Zoning Code and General
Plan.
The Zoning Administrator reviewed the following changes to the resolution: revised parking calculation to fix mathematical area (Finding C.3.), add parking calculation explanation to the condition of approval for parking
(Condition No. 6), and clarification that there is no new square footage being added (Finding B.3.). Action: Approved as Amended
ITEM NO. 3 Lyman Residence Coastal Development Permit No. CD2021-023 (PA2021-117) Site Location: 411 North Bay Front Council District 5
Afshin Atapour, Planning Technician, provided a brief project description stating that this is for a Coastal
Development Permit to allow the demolition of an existing single-family residence and construction of a 2,396-square-foot, three-story, single-family residence with an attached 438-square-foot, two-car garage. The project
includes landscape, hardscape, and subsurface drainage facilities all within the confines of the private property. The project complies with all development standards and no deviations from the Newport Beach Municipal Code (NBMC) are requested.
Applicant Gabby Uvidia of Brandon Architects stated that she had reviewed the draft resolution and agrees with all of 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. Action: Approved
MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 08/26/2021
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ITEM NO. 4 J&A Living Trust and Akhavi Residential Condominiums Tentative Parcel Map No. NP2021-011 (PA2021-155) Site Location: 508 and 508 ½ Marigold Avenue Council District 6
Caitlyn Curley, Planning Technician, provided a brief project description stating that this is for a tentative parcel map for a property located at 508 and 508 ½ Marigold Avenue. The site was previous occupied by a new duplex is currently under construction. The duplex is being converted into two condominiums so they can be sold independently. Each unit has two parking spaces, one in a garage and one in a carport, for a total of four parking spaces. The property is not located in the coastal zone and therefore does not require a Coastal
Development Permit (CDP). As part of the project’s conditions of approval, the applicant will be required to improve the parkway along Marigold Avenue, install a street tree and underground all utilities, among other conditions.
Applicants Amy Nili and Jeffery Stearman, the owners of the subject property, stated that they had reviewed the draft resolution and agree with all of the required conditions.
The Zoning Administrator removed condition number one, replaced it with two new conditions, and modified condition number fourteen.
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
V. PUBLIC COMMENTS ON NON-AGENDA ITEMS
None. VI. ADJOURNMENT
The hearing was adjourned at 10:47 a.m.
The agenda for the Zoning Administrator Hearing was posted on August 19, 2021, at 3:00 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 August 19, 2021, at 3:00 p.m.
Jaime Murillo Zoning Administrator
September 16, 2021, 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 August 26, 2021
The following corrections are suggested:
Page 2, paragraph 7: “The Zoning Administrator explained that there is a trend to provide
additional restaurants within this transitioning mixed-use Airport Area to provide more options
dining options for existing employees and future residents.”
Page 2, paragraph 8: “The Zoning Administrator reviewed the following changes to the
resolution: revised parking calculation to fix mathematical area error (Finding C.3.), add parking
calculation explanation to the condition of approval for parking (Condition No. 6), and
clarification that there is no new square footage being added (Finding B.3.).”
Page 3, Item 4, paragraph 1, sentence 2: “The site was previous occupied by a duplex and a
new duplex is currently under construction.”
Zoning Administrator - September 16, 2021
Item No. 1a Additional Materials Received After Deadline Draft Minutes of August 26, 2021