HomeMy WebLinkAbout01_07-28-2022_ZA_Minutes - DRAFT
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NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM THURSDAY, JULY 28, 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 Joselyn Perez, Assistant Planner
Caitlyn Curley, Planning Technician
II. REQUEST FOR CONTINUANCES
None.
In addition, the Zoning Administrator reported that Item Number 4 and 5 would not be heard and would be re-noticed for the meeting on August 2, 2022. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF JULY 14, 2022
Action: Approved
IV. PUBLIC HEARING ITEMS ITEM NO. 2 Cruisers Pizza Bar Grill Limited Term Permit No. XP2022-002 and Coastal Development Permit No. CD2022-016 (PA2022-049) Site Location: 801 East Balboa Boulevard Council District 1
Caitlyn Curley, Planning Technician, provided a brief project description stating that the applicant was proposing a 672-square foot outdoor dining area at the rear of the parking lot, across the drive aisle from the
restaurant. Caitlyn Curley mentioned that a larger outdoor dining area was approved under Emergency Temporary Use Permit No. UP2020-011 and Emergency Coastal Development Permit No. CD2020-029. She
clarified that the outdoor dining area had been reduced from its original 2,886 square feet to the current 672-square feet. Ms. Curley stated that Cruisers is a legal nonconforming restaurant use and therefore does not
operate under a use permit and established parking rate. However, assuming a rate of 1 parking space per 40-square feet of net public area, which is consistent with restaurant uses with similar operating characteristics to Cruisers, the projected parking deficit on the subject property would increase from 38 parking spaces to 59 spaces.
The Zoning Administrator asked for clarification as to the proposed term of the limited term permit (one year
from the approval date) and directed staff to change the proposed term to six months from the approval date (January 28th, 2023). The Zoning Administrator also asked staff to clarify a condition of approval prohibiting the use of amplified sound. Caitlyn Curley clarified that there had been several reports of excessive noise from outdoor speakers during the operation of the outdoor dining area under the original emergency temporary use permit. In response to these reports, Ms. Curley explained that Code Enforcement requested a condition be added prohibiting any outdoor amplified sound, including television speakers, in the outdoor dining area. In response, the Zoning Administrator directed the condition be clarified to include the requirement that all television speakers be muted. Applicant Harold Wierenga of Cruisers Pizza Bar Grill, on behalf of the Company, stated that he had reviewed the draft resolution and agrees with all of the required conditions.
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The Zoning Administrator opened the public hearing. One member of the public, Jim Mosher, inquired as to if there were any circulation issues caused by the original outdoor dining area and requested clarification on the
parking rate mentioned in the staff report. Mr. Mosher mentioned a requirement disallowing the intensification of use for a legal nonconforming establishment, with Mr. Mosher believing this limited term permit was violated. The Zoning Administrator requested that Caitlyn Curley responded to Mr. Mosher’s comments. Ms. Curley clarified that the parking demand and associated calculations were meant only to demonstrate existing and proposed demand and that the outdoor dining area proposed is significantly smaller than the original
emergency temporary use and permit and occupied few parking spaces. Ms. Curley also mentioned that the proposed design clears the drive aisle on Main Street, improving circulation from the originally approved outdoor dining area. In response, the Zoning Administrator asked for the substantial reduction in the outdoor dining area to be clarified in the resolution.
The Zoning Administrator closed the public hearing.
Action: Approved as Amended ITEM NO. 3 Annual Review of North Newport Center Development Agreement No. DA2007-002 (PA2009-023) Site Location: Fashion Island; Block 100, Block 400, Block 500, Block 600, and Block 800 of Newport Center Drive; and San Joaquin Plaza Council District 5
Joselyn Perez, Assistant Planner, provided a brief project description stating that this item is for the annual
review of development and entitlement activity within the calendar year 2021 for properties encompassed by the North Newport Center Development Agreement (DA). In total, 26 building permits received a final inspection
in 2021. None of these permits resulted in changes to the floor area. Additionally, no planning applications or entitlements were approved in 2021 that would change the development limits of the DA. While reviewing the
Annual Monitoring Report (AMR) that was submitted by CAA Planning on behalf of the Irvine Company, staff discovered some of the building permits listed with a status of issued had received final building permit
inspection in 2021 and the AMR should be updated to reflect their final status. Ultimately staff believes that the Irvine Company is complying in good faith with the terms and conditions of the DA and once the AMR is
updated, it should be filed.
Applicant Shawna Schaffer, on behalf of the Irvine Company, stated that she 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. Jim Mosher, spoke and stated that he believed adding a column to the
development summary reflecting the zero change to floor area could be helpful and asked if the theater seats listed in Table 1 could be used interchangeably as theater seats or as potential floor area within Fashion Island.
Mr. Mosher then questioned the makeup of Block 800 described by the AMR, specifically whether Pacific Mutual Financial Center was actually in Block 800. The Zoning Administrator closed the public hearing and asked Assistant Planner Perez to respond to Mr.
Mosher’s comments. Assistant Planner Perez answered that the lack of a column for resulting changes to floor area has specifically been omitted as the column would state zero on each line. Instead, a statement has been
included in the narrative explaining that none of the building permits that received final inspection have a scope of work which results in changes to floor area. She then deferred the other two comments to CAA Planning. Shawna Schaffner of CAA Planning spoke about whether the theater seats could be used interchangeably.
She referenced Section 2, subsection B, of the North Newport Center Planned Community texts which provides development limits and states that the movie theater is equivalent to and may be converted to 11,000 square feet of retail development without providing additional parking. Mrs. Schaffner provided a history of how the
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number of seats and equivalent development has been tracked. She then stated that CAA Planning will verify the names of the buildings within Block 800 and will update them accordingly for the 2022 AMR.
Action: Approved ITEM NO. 4 Pigazzi Residential Condominiums Tentative Parcel Map No. NP2022-005 (PA2022-051) Site Location: 507 and 507 ½ Marguerite Avenue Council District 6
The Zoning Administrator did not request a staff presentation due to the straightforward nature of the application.
The Zoning Administrator opened the public hearing. Seeing that no one from the public wished to comment, the public hearing was closed.
Action: Approved V. PUBLIC COMMENTS ON NON-AGENDA ITEMS
None.
VI. ADJOURNMENT The hearing was adjourned at 10:30 a.m.
The agenda for the Zoning Administrator Hearing was posted on July 22, 2022, at 12:15 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 July 22, 2022, at 2:15 p.m.
Jaime Murillo Zoning Administrator