HomeMy WebLinkAbout01_05-12-2022_ZA_Minutes - DRAFT
Page 1 of 4
NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM THURSDAY, MAY 12, 2022
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 Benjamin Zdeba, Senior Planner
David Lee, Associate Planner Joselyn Perez, Assistant Planner
Liane Schuller, Planning Consultant Yolanda Summerhill, Assistant City Attorney II. REQUEST FOR CONTINUANCES
None. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF APRIL 28, 2022 Action: Approved IV. PUBLIC HEARING ITEMS ITEM NO. 2 Restore Hyper Wellness Minor Use Permit No. UP2022-004 (PA2022-023) Site Location: 1062 Irvine Avenue Council District 3
Liane Schuller, Planning Consultant, provided a brief project description stating that the Applicant desires to establish a wellness day spa, which requires a use permit because it is classified as a “Personal Services,
Restricted” land use. The business offers a menu of non-medical healing treatments, including IV drip therapy. A Registered Nurse will be on the premises to manage that therapy. The tenant space was previously occupied
by a retail business and there is no increase to the parking requirement. Project implementation will involve tenant improvements to comply with Building and Fire requirements. The project has been reviewed by both
departments and their conditions of approval have been included in the draft resolution. The use is consistent with the CN land use designation and zone, and staff is recommending approval of the application.
Applicant Marc Thomas of Vytal Ventures, LLC, stated that he 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.
The Zoning Administrator directed staff to strike out the site plan in Condition of Approval Number 1. The Zoning Administrator approved the project, as submitted with the amended condition. Action: Approved as Amended
MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 05/12/2022
Page 2 of 4
ITEM NO. 3 Kulfi Me Ice Cream Shop Minor Use Permit No. UP2022-005 (PA2022-041) Site Location: 2116 Newport Boulevard, Suite C Council District 1
Joselyn Perez, Assistant Planner, provided a brief project description stating that the request is for a Minor Use Permit to allow a take-out service, limited eating and drinking establishment that will operate as an ice cream shop. The ice cream shop will take over a currently vacant suite within an existing commercial building on Newport Boulevard. The property is zoned MU-W2 which allows for a variety of commercial uses including eating and drinking establishments. In addition to the ice cream shop, the subject property has another two suites which are both currently vacant and a warehouse for the Crab Cooker restaurant. The property only
provides one on-site parking space and is considered legal nonconforming for parking. The ice cream shop will have approximately 800 square feet of net public area, a maximum of six seats, no late hours, and no alcohol will be served. The proposed use is not considered an intensification as the parking rate for a take-out service, limited is 1 space per 250 square feet, the same as retail, and is therefore allowed. The operational
characteristics of the ice cream shop should provide an amenity to the surrounding community and staff has been able to make all of the findings required to recommend approval.
Applicant Gurpreet Singh of Kulfi Me, on behalf of the Company, stated that he had reviewed the draft resolution and agrees with the required conditions with the exception of the hours of operation. Mr. Singh requested that the ice cream shop be allowed to operate until 3 a.m. as there are still patrons within the surrounding vicinity of
the Balboa Peninsula at that time of night that would be potential customers.
The Zoning Administrator responded that the requested closing time of 3 a.m. would change the nature of the project, would require an updated public hearing notice, and would need additional analysis as staff did not
consider the impact of late hours or consult with the Police Department for their recommendations. He continued that the Applicant could file an application at a later date for amending the Use Permit.
The Zoning Administrator opened the public hearing.
One member of the public, Nicola Willhoit, property manager of this property for the Crab Cooker, spoke and
showed full support of this project since they will be able to offer desserts to the community.
The Zoning Administrator closed the public hearing.
Action: Approved
ITEM NO. 4 Helmsman Ale House Temporary Expansion Amendment Limited Term Permit No. XP2022-004 and Coastal Development Permit No. CD2022-024 (PA2022-068) Site Location: 2920 Newport Boulevard Council District 1
Benjamin Zdeba, Senior Planner, provided a brief project description stating that the applicant requests an amendment to relocate an existing temporarily expanded outdoor dining area at the rear of the existing
Helmsman Ale House restaurant. He noted that the temporary use was originally granted as a 5,500-square-foot area during the COVID-19 pandemic through the City Council-directed emergency temporary use permit program. At the expiration of that program, operators were allowed to apply for limited term permits to continue the temporary operations while the City explores reducing parking requirements to better allow outdoor dining
where appropriate. He stated that the applicant originally received approval for a 1,000-square-foot temporary outdoor dining area in a location closer to the mixed-use properties to the south. The current request would
relocate the 1,000-square-foot outdoor dining area closer to the restaurant building and would allow for the installation of a temporary raised wooden platform to help level out the dining area for seating. Mr. Zdeba added that one letter of opposition was received from Shields Law Group representing a nearby resident. Mr. Zdeba indicated that staff reviewed the letter, which called the findings into question, and stated that the project
includes mitigating factors to alleviate concerns, such as reduced hours of operation, relocation away from the residential units to the south, and a reduction from the 5,500-square-foot area originally approved through the emergency temporary use permit program.
MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 05/12/2022
Page 3 of 4
The Zoning Administrator clarified that outside of the current request, the applicant still has the right to operate a temporary outdoor dining area until January 2023.
Applicant’s representative Michael Torres of Newport Pacific Law, P.C. stated that he and his client had reviewed the draft resolution and they agree with all the required conditions. He also indicated they had reviewed the letter of opposition received and that his client is willing to install a vertical barrier to help contain some of the sound. The Zoning Administrator opened the public hearing.
Linda Delaney, resident, expressed support for the temporary outdoor dining area at the Helmsman Ale House. Jeffrey Shields, attorney, reiterated points from his letter of opposition, including the concern regarding inverse
condemnation and the inadequacy of the facts to support the findings, and urged denial of the application.
Jeff, Operations Manager for the Helmsman Ale House, reiterated the intents and purposes of the proposed amendment. Carter Yonkers, resident, expressed support for the temporary outdoor dining area at the Helmsman Ale
House.
Nick, resident, expressed support for the temporary outdoor dining area at the Helmsman Ale House.
Tucker Cheadlr noted he assisted the current owner with the acquisition of the Helmsman Ale House. He commented on a previous statement that there have been longstanding issues. He clarified that the current
owner has only owned it for several months. He also expressed support for the continued operation of the temporary dining area.
Peter, resident, expressed support for the temporary outdoor dining area at the Helmsman Ale House.
Donald Callender, owner/operator, reiterated the need for the desired changes to the temporary outdoor dining
area. He also expressed willingness to reduce hours further and to install vertical barriers to help dampen sound.
James Walters, resident, expressed support for the temporary outdoor dining area at the Helmsman Ale House.
The Zoning Administrator closed the public hearing.
Yolanda Summerhill, Assistant City Attorney, noted the City Attorney’s Office reviewed the letter of opposition
and feels staff adequately addressed the findings in the resolution and in the earlier presentation. She refuted the claim of inverse condemnation and noted there is a high threshold to substantiate such a claim. She added
that conditions of approval have been included to help mitigate potential detriment and reiterated it is a temporary authorization.
In response to the Zoning Administrator’s inquiry, Mrs. Summerhill confirmed that the decision for consideration is not whether to allow the extended time for the temporary outdoor dining area, but to allow the relocation and installation of a temporary structure. She also clarified the revocation process.
The Zoning Administrator noted the location within a mixed-use district and that the properties may be subject
to more noise than a multi-family residential district. He stated that the proposed changes would relocate the temporary outdoor dining area away from the residential units in the mixed-use project to the south and resolve the potential safety issue for staff traveling through the parking areas.
In response to the Zoning Administrator’s inquiry, Senior Planner Zdeba stated there have been recent complaints filed on Quest when Code Enforcement staff is not available. He clarified that the project was routed to the Code Enforcement Division for review and that complaints that were founded have been addressed.
MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 05/12/2022
Page 4 of 4
The Zoning Administrator directed staff to change Condition of Approval Number 3 to be consistent with the original Limited Term Permit approval, which was set to expire in January 2023, and requested a condition be added to require a vertical barrier to help reduce noise. The Zoning Administrator approved the project, as
submitted with the changed and added conditions. Action: Approved as Amended ITEM NO. 5 Haag Residence Coastal Development Permit No. CD2021-078 (PA2021-300) Site Location: 4003 and 4003 ½ Marcus Avenue Council District 1 David Lee, Associate Planner, provided a brief project description stating that the application requests a coastal development permit for the demolition of an existing duplex and the construction of a new 2,894-square-foot
single-unit residence with an attached 267-square-foot junior accessory dwelling unit (JADU) and 403-square-foot two-car garage. The project includes the reinforcement and raising of the bulkhead. Mr. Lee stated that the
project complies with all zoning standards and is located within the AO1 flood zone, which requires a minimum top of slab elevation of 10-feet (NAVD88). Mr. Lee stated that the project does not impact public access or public views of the bay.
Applicant Ken Toblesky, on behalf of the Owner, was not present at the meeting. However, Mr. Toblesky previously stated to staff 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 discussed the state mandate not to reduce housing density
where the proposed project is to demolish a duplex and construct a single-unit residence with a JADU. Mr. Mosher asked if a condition of approval is necessary to preserve the JADU as a housing unit to prevent the
development from being converted to a single residential unit.
The Zoning Administrator closed the public hearing.
Mr. Lee stated that the proposed development is two units, which does not result in a loss of density. This is consistent with the City’s development standards as well as previous coastal development permit approvals.
The Zoning Administrator stated that a JADU suffices as a replacement unit for Senate Bill 330. The Zoning Administrator stated that the proposed condition of approval regarding the JADU is unnecessary, as it is not
typical to condition the rental of multi-family units.
Action: Approved V. PUBLIC COMMENTS ON NON-AGENDA ITEMS
None. VI. ADJOURNMENT
The hearing was adjourned at 10:57 a.m. The agenda for the Zoning Administrator Hearing was posted on May 6, 2022, at 2:15. 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 May 6, 2022, at 2:30 p.m.
Jaime Murillo Zoning Administrator