HomeMy WebLinkAbout01_05-25-2023_ZA_Minutes - DRAFT
Page 1 of 4
NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM THURSDAY, MAY 25, 2023
REGULAR MEETING – 10:00 A.M.
I. CALL TO ORDER – The meeting was called to order at 10:00 a.m. Staff Present (Remote): Benjamin M. Zdeba, AICP, Zoning Administrator Afshin Atapour, Assistant Planner
Oscar Orozco, Assistant Planner Jenny Tran, Assistant Planner
Melinda Whelan, Assistant Planner II. REQUEST FOR CONTINUANCES None.
III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF MAY 11, 2023
Zoning Administrator Zdeba indicated he had reviewed the minutes and believes they are accurate. He asked for public comments.
Jim Mosher, resident, indicated that there appeared to be a missing statement from the draft minutes related
to one applicant accepting the conditions of approval placed on a project.
Zoning Administrator Zdeba acknowledged the apparent omission. He made a change to include the applicant’s statement. Action: Approved as amended
IV. PUBLIC HEARING ITEMS ITEM NO. 2 Solis Residential Condominium Conversion and Tentative Parcel Map (PA2022-0312) Site Location: 721 and 721 ½ Heliotrope Avenue Council District 6
Oscar Orozco, Assistant Planner, provided a brief project description stating that the request is for a tentative parcel map and condominium conversion permit to convert an existing duplex, constructed in 2012, to condominiums. The subject property is located at 721 and 721 ½ Heliotrope Avenue and in the R-2 Zoning
district. Mr. Orozco added that the existing duplex conforms to all applicable development standards, including floor area limit, setbacks, and off-street parking. No deviations are proposed as part of the parcel
map and condominium conversion permit. In addition, he added that while the condominium conversion permit typically requires the owner to provide a 60-day notification to the tenants, the applicant has provided a notarized letter stating that there are no tenants or renters at the site as it is owner occupied. Lastly, Mr. Orozco stated that a special inspection was conducted for the purpose of identifying any building safety
violations and no safety violations were observed.
Applicant Victor Solis stated that he had reviewed the draft resolution and agrees with all the required conditions. Zoning Administrator Zdeba opened the public hearing. Seeing that no one from the public wished to comment,
the public hearing was closed.
MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 05/25/2023
Page 2 of 4
Action: Approved as amended
ITEM NO. 3 Rizko Residence Coastal Development Permit (PA2023-0043) Site Location: 306 Via Lido Nord Council District 1 Afshin Atapour, Assistant Planner, provided a brief project description stating that this is for a coastal development permit to allow the demolition of an existing single-unit dwelling and construction of a new 4,346-
square-foot, two-story, single-unit dwelling with an attached 714-square-foot, three-car garage. The project also includes a non-habitable 327-square-foot boat storage area between the proposed home and the existing seawall. The project includes landscape, hardscape, drainage, and accessory structures all within the confines of the property. The project complies with all development standards and no deviations are requested.
Mr. Atapour also stated that there was an edit to the Draft Resolution under the conditions of approval, on handwritten page 14, to add a condition that states if sea level rises, such that the boat storage between the
principal structure and the existing outer seawall is no longer usable, then the boat storage area shall be filled in and enclosed. Applicant Allie Schieble of Oatman Architects, on behalf of the owner, stated that she had reviewed the draft
resolution and agrees with all the required conditions.
Zoning Administrator Zdeba opened the public hearing.
One member of the public, Jim Mosher, spoke and stated that there was confusion on his end regarding the seawall elevation heights, and another comment concerning construction potentially blocking the public access
way.
Zoning Administrator Zdeba asked the applicant to explain the seawall situation.
Applicant Allie Schieble provided an explanation for the different elevations to the seawall and boat storage area.
Zoning Administrator Zdeba closed the public hearing.
Zoning Administrator Zdeba clarified that the existing seawall is being altered and will be adaptable to future
protection needs. He requested clarification that Condition of Approval No. 5 is intended to ensure the existing seawall is capable to be raised to an elevation of 14.4 feet based on the North American Vertical Datum of
1988 (NAVD 88) to meet the City’s design guidelines. Furthermore, Condition of Approval number 6 was modified to state that the boat storage area shall be filled in and enclosed, if needed, because of sea level rise.
Zoning Administrator Zdeba further mentioned that conditions of approval discussing construction activities and
a prohibition on blocking the public right-of-way or walkways adjacent seem to cover Mr. Mosher’s comments. However, to avoid confusion, a modification to Condition of Approval No. 16 was made. Lastly, the Applicant
shall coordinate with the Public Works Department if any temporary blocking or obstructing of the public walkway is needed to take place so that lateral access is still available. Action: Approved as amended
ITEM NO. 4 Neiman Marcus BAR NM Minor Use Permit (PA2022-0250) Site Location: 601 Newport Center Drive Council District 5 Jenny Tran, Assistant Planner, provided a brief project description stating that the project is for a Minor Use
Permit to expand an existing Type 47 (On-Sale General – Eating Place) Alcohol Beverage Control license for a 461-square-foot free-standing luxury mini-bar to the first floor of Neiman Marcus located within the Fashion Island shopping center. The project involves minor tenant improvements to the existing retail space. No late hours or live entertainment is proposed.
MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 05/25/2023
Page 3 of 4
Ms. Tran indicated that Neiman Marcus currently has an existing Type 47 license for the Mariposa café located on the third floor of Neiman Marcus and the proposal is to expand the existing alcohol license for the proposed
mini-bar. She also clarified that the mini-bar is not intended to operate as a bar, lounge, or nightclub, as defined in the Newport Beach Municipal Code. Conditions of Approvals have been included to ensure the mini-bar does not operate as a bar, lounge, or nightclub. Applicant Kevin Cowling, on behalf of The Neiman-Marcus Group, Inc., stated that he had reviewed the draft resolution and agrees with all the required conditions.
Zoning Administrator Zdeba opened the public hearing. One member of the public, Jim Mosher, spoke and asked for clarity on how the food and beverages would be
prepared as well as clarity on the meaning of a “cocktail capsule” shown on the plans.
MaKaela O’Connell, a representative of The Neiman-Marcus Group, Inc, indicated that the only food offered at the mini-bar is bakery type items that will be stored in the mini-bar area. No food is expected to be prepared at the Mariposa café and be brought down to the first floor for serving. Mr. Cowling also clarified that the “cocktail capsule” is the name given to the bar area where bar services will occur and clarified that the mini-bar is
intended to be an added convenience for patrons to Neiman Marcus.
Zoning Administrator Zdeba closed the public hearing. Action: Approved
ITEM NO. 5 The Place Outdoor Dining Limited Term Permit (PA2022-119) Site Location: 2920 East Coast Highway Council District 6
Melinda Whelan, Assistant Planner, provided a brief project description stating that the request is for a limited term permit to authorize a 500-square-foot outdoor dining area for up to a one-year term at The Place
restaurant. Also proposed is a 400-square-foot canopy. The outdoor dining area will occupy two (2) of the three (3) on-site parking spaces. One (1) accessible parking space will remain available for use.
Applicant Katy and Mike Flamson of The Place stated that they had reviewed the draft resolution and agree
with all the required conditions.
Zoning Administrator Zdeba opened the public hearing.
One member of the public, Jim Mosher, spoke and asked if this would be eligible for an extension. He also added a correction to a typographical error.
A member of the public, Blair Porteous, owner of 541 Iris Avenue verified this is temporary and if there is an
active plan to be permanent, who monitors closing hours, the existing orange k-rail is unattractive and can the applicant improve the aesthetics, will it expire with no extension, tenants park in front of his property, and how many LTPs extended to December 31, 2023.
A member of the public, Omid Yousofi, adjacent neighbor on Third Avenue, concerned that they would reinstall a large tarp as it is not compliant with the aesthetic of the neighborhood. He added that the outdoor area be
improved visually. Zoning Administrator Zdeba closed the public hearing and asked if the applicant would like to respond to any of the comments. Katy Flamson explained they would be open to using planters or something more
aesthetically pleasing to the neighbors. She also added that they did not have a plan submitted to keep the outdoor dining permanent.
MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 05/25/2023
Page 4 of 4
Zoning Administrator Zdeba emphasized approval of this Limited Term Permit would allow a trial run for the outdoor dining area. He encouraged the applicant to consider balancing aesthetic improvements with cost due to the limited duration. He added that a applying a finish to the exterior of the barrier with a material to soften
the look while not adding cost to the temporary area may be an appropriate solution. Zoning Administrator Zdeba added that it is important to maintain the debris and trash compliant with conditions of approval as to not impact the surrounding neighborhood. The Zoning Administrator amended Condition of Approval No. 32 to include the following: Efforts shall be made by the operator to provide an alternative design to the bare,
exposed substantial barrier to soften the look and improve the aesthetic to the neighborhood while still meeting the minimum substantial barricade requirements. The operator shall provide the conceptual ideas
to the Planning Division for review and approval by Planning and Public Works. Zoning Administrator Zdeba reiterated that the outdoor dining area is temporary and will have to be removed by December 31, 2023. He also directed staff to work with the applicant on ideas to improve the aesthetics per
the amended condition, and reminded the applicant to ensure all conditions are met including the hours of operation and keeping the area free of trash and debris.
Action: Approved as amended V. PUBLIC COMMENTS ON NON-AGENDA ITEMS
None. VI. ADJOURNMENT
The hearing was adjourned at 10:52 a.m.
The agenda for the Zoning Administrator Hearing was posted on May 18, 2023, at 9:00 a.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 18, 2023, at 8:36 a.m.
Benjamin M. Zdeba, AICP Zoning Administrator
From:Jim Mosher <jimmosher@yahoo.com>
Sent:June 14, 2023 1:06 PM
To:CDD
Subject:Corrections to ZA minutes (Item 1 on 6//15/2023 agenda)
The following corrections to the draft minutes of the May 25, 2023, Zoning Administrator meeting
minutes are suggested:
1. Page 3 of 4, paragraph 2 from end, sentence 1: "A member of the public, Omid Yousofi, adjacent
neighbor on Third Avenue, was concerned that they would reinstall a large tarp as it is not compliant
with the aesthetic of the neighborhood."
2. Page 4 of 4, paragraph 1, sentence 3: "He added that a applying a finish to the exterior of the
barrier with a material to soften the look while not adding cost to the temporary area may be an
appropriate solution."
3. In addition to what the draft minutes say about the above item, I seem to recall that in response the
public questions that are reported, the Zoning Administrator said the applicants would be eligible to
apply for one time extension of the LTP, but there was no guarantee it would be granted.
Submitted by: Jim Mosher
Zoning Administrator - June 15, 2023 Item No. 1a Additional Materials Received Draft Minutes of May 25, 2023