HomeMy WebLinkAbout02/29/2012NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 2/29/2012
NEWPORT BEACH ZONING ADMINISTRATOR MINUTES
Council Chambers — 3300 Newport Boulevard
Wednesday, February 29, 2012
REGULAR HEARING
3:30 p.m.
CALL TO ORDER — The meeting was called to order at 3:30 p.m.
Staff Present: Brenda Wisneski, Zoning Administrator
Erin Steffen, Planning Technician
Melinda Whelan, Assistant Planner
Jaime Murillo, Associate Planner
Benjamin M. Zdeba, Planning Technician
2. MINUTES of February 15, 2012
Action: Approved
3. PUBLIC HEARING ITEMS
ITEM NO. 1 II Barone Expansion - Minor Use Permit No. UP2012 -002 (PA2012 -009)
4251 Martingale Way, Suite A CD #3
Erin Steffen, Planning Technician, gave a brief overview of the application to amend Minor Use Permit No.
UP2011 -008 (PA2011 -047) to expand an existing 2,567- square -foot restaurant by combining and converting
810 square feet of an existing, adjoining retail space to restaurant space and adding a 550 - square -foot
outdoor dining patio. Staff indicated that the hours of operation and alcohol license would remain the same
and no live entertainment and dancing was proposed. Staff also made clear that the alcohol service would
carry over into the new indoor and outdoor expanded areas.
The Zoning Administrator opened the public hearing. The applicant, Jonathan Smith, gave a brief response
that he agreed with staffs recommendation and indicated that he was in the process of working with the ABC
to amend the ABC license to accommodate the new areas where alcohol services would be provided. Smith
also mentioned that the project would be completed in phases and he was aware of the 24 month expiration
on the Minor Use Permit approval. Citizen Jim Mosher asked if there was a special reason a Minor Use
Permit was required in this case and how the parking requirement was established, more specifically for the
outdoor dining area. Zoning Administrator Wisneski indicated that a Minor Use Permits was required for
requests like this and there wasn't any special or unique circumstance of this area or restaurant. Planning
Technician Steffen referred Mosher to Section 20.40 of the Zoning Code for the parking requirements. There
were no other public comments.
Zoning Administrator Wisneski stated that she agreed with the facts in support of the findings in the draft
resolution, including those related to parking and compatibility with the area. The Zoning Administrator
approved the application and adopted the resolution.
Action: Approved
ITEM NO.2 Hill Parcel Map - Parcel Map No. NP2012 -001 (PA2012 -005)
604 Acacia Avenue CD #6
Melinda Whelan, Assistant Planner gave a brief overview of the application for a parcel map for two -unit
condominium purposes with no waivers of Title 19 (Subdivisions) development standards proposed. Staff
explained that an existing single - family dwelling was demolished, a new duplex to be finaled as
condominiums is being constructed, and all Zoning Code requirements and Title 19 standards are met.
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NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 02/29/2012
Staff recommended that the Zoning Administrator adopt the draft resolution and approve application No
PA2012 -005 for NP2012 -001.
The Zoning Administrator opened the public hearing. The applicant's representative, James Pearson,
gave a brief response that he agreed with staffs recommendation. Pearson also stated that he had
reviewed all of the draft conditions of approval, understanding and agreeing with all of them. Jim Mosher
commented on a typo and asked for clarification regardinng City Standard 110 -L regarding site distance
requirements of the Public Works Department. There were no other public comments.
Zoning Administrator Wisneski stated that she agreed with the facts in support of the findings in the draft
resolution and approved the application and adopted the resolution.
Action: Approved
ITEM NO. 3 Mariner's Pointe Temporary Parking Lot - Limited Term Permit No. XP2012 -001
(PA2012 -013)
100 Dover Drive CD #3
Jaime Murillo, Associate Planner, gave a brief overview of the application for a limited term permit. The
applicant is requesting to utilize the City -owned property located at 100 Dover Drive as an off -site parking
lot for construction workers of the Mariner's Pointe project located across Dover Drive at 100 -300 West
Coast Highway. The Mariner's Pointe project maximizes the envelope of the site and during the
construction phase of the parking structure there is no room to accommodate the worker's vehicles;
therefore, the applicant is requesting to utilize 15 spaces on the City -owner lot until the parking structure
is completed. Upon approval by the Zoning Administrator, the applicant would be required to enter into a
lease agreement with the City specifying the terms of the agreement, including fees and insurance
requirements.
The Zoning Administrator opened the public hearing.
Ward Collar, contact for the project, provided additional explanation for the need for temporary parking. He
also stated that he was not sure when the need for the off -site parking would begin due to various delays
with the project, but that the proposed 12 month term of the permit should be adequate.
Jim Mosher, resident, made the following comments:
• Expressed concerns with the previous Limited Term Permit that was issued for the Bayshores
Association and questioned whether there was adequate room for all the parking combined with
this request
• Suggested that the site has historical importance and this request is not a good use for the site
• Inquired whether the City actually owns the property or if it is owned by the Irvine Company
• Questioned whether or not the existing improvements and proposed request requires a Coastal
Development Permit
• Stated that the provisions for an extension was not appropriate because it was not needed based
on applicants testimony
The Zoning Administrator responded to Mr. Mosher's comments and stated that the site is owned by the
City and that she is only reviewing the temporary use of the site, and that the historical aspect of the site
as it relates to the long -term use of the site is not relevant at this time. Jaime Murillo added that the City
recently acquired the property from the Irvine Company, which was already improved with the modular
buildings and gravel parking lot. A Coastal Development Permit is not required for this request because
the gravel parking lot already exists and is not being improved.
Dan Purcell, resident, made the following comments:
The lease agreement and fees should be available for review
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NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 02/29/2012
• Questioned how the conditions of approval pertaining to hours would be enforced
• Questioned whether this request was the highest and best use of land
• Requested that the applicant keep the site clean
The applicant responded that he employs someone to be on -site everyday and maintain the site in a
clean and safe condition. The Zoning Administrator also responded that the purview of this request is the
limited term permit and not the terms and conditions of the license agreement. There were no other public
comments.
The Zoning Administrator approved the application and adopted the resolution with the following change
to Condition No. 9:
9. Use of the temporary parking lot is limited to the hours between 7:00 P.M. am. to 5:00 p.m., Monday
through Friday. No temporary parking shall be permitted on Saturday, Sundays or Federal holidays.
Action: Approved
ITEM NO. 4 Betz Residence Addition - Modification Permit No. MD2012 -005 (PA2012 -016)
807 Ceiba Place CD #4
Benjamin Zdeba, Planning Technician, gave a brief overview of the application for a modification permit.
The applicant requests to add approximately 890 square feet to an existing single - family residence that
was constructed in 1963. The development is considered nonconforming due to the substandard interior
dimensions of the garage, whereby Chapter 20.40 (Off- street Parking) of the Zoning Code requires 20
feet by 20 feet for a lot wider than 40 feet. The addition is limited to 10% of the existing development
unless a modification permit is secured to exceed the limitation. Mr. Zdeba further added that the
applicant is considering adding more than 890 square feet and the findings for the modification permit can
still be made.
The Zoning Administrator opened the public hearing.
Andy Betz, property owner and applicant for the project, added that no additional bedrooms would be
added as a result of the additional square footage.
Jim Mosher, resident, inquired whether or not there is a threshold of square footage that would require
three parking spaces for a single - family residential project.
Mr. Zdeba responded to Mr. Mosher's comments and stated that a single - family dwelling with more than
4,000 square feet of livable area (excluding the garage) requires a three -car garage in most zoning
districts.
Public comments were closed.
The Zoning Administrator approved the application and adopted the resolution.
Action: Approved
ITEM NO. 5 Newport Harbor Nautical Museum Signage - Comprehensive Sign Program No
CS2011 -006 and Modification Permit No. MD2011 -017 (PA2011 -142)
600 East Bay Avenue CD #1
Benjamin Zdeba, Planning Technician, gave a brief overview of the application for a modification permit in
conjunction with a comprehensive sign program. The subject property has approximately 500 feet of
lineal frontage and a comprehensive sign program is required whenever a multi- tenant development has
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NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 02/29/2012
over 300 lineal feet of frontage. A comprehensive sign program allows deviations from the sign code
including a 30% increase in sign area, number of signs, and sign location. The applicant is proposing to
include four large exhibition wall signs and a pedestrian- oriented directory kiosk sign that both exceed the
30% increase in sign area and are not sign types regulated by the Zoning Code. Due to these deviations,
the modification permit is required.
The Zoning Administrator opened the public hearing.
Jim Mosher, resident, expressed concern that the application would allow for more signage in addition to
what already exists. He further added that the comprehensive sign program should restrict the existing
signage and limit it to reduce clutter. Upon finishing his comment, Mr. Mosher stated he did not have
adequate time to read the staff report in detail. The Zoning Administrator decided to close the public
comment period to discuss the application with the applicant while Mr. Mosher reviewed the report and an
additional public comment would be offered afterward.
The Zoning Administrator requested clarification on several aspects of the application:
• Questioned the purpose of the kiosk sign
• Questioned if there was an example of a multi- tenant sign as entitled in the sign program matrix
• Clarified that the tenant wall signs included non -rigid materials to cover the boat rental tenant and
that the boat rental tenant's sign should be included as an awning sign so as to preclude the use
of non -rigid materials for tenant wall signs
• Questioned the purpose of changeable copy on the directory signs
• Questioned how often the exhibition wall signs would be changed
• Clarified that the size of the Exhibition Wall Signs would be determined by the linear frontage of
the building, but no larger than 150 square feet
Glenn Baaten and David Lugo, contacts for the property owner, provided the following clarification for the
Zoning Administrator:
• The kiosk sign serves to bring pedestrian traffic off of the boardwalk
• There is not an existing, multi- tenant sign; however, the museum would like to consider
consolidating signage as new tenants enter into leases
• Acknowledged
• The changeable copy would allow for tenant names to be changed when a change of tenant
occurs
• Approximately every six months to advertise an exhibit
• Acknowledged
The Zoning Administrator reopened the public comment period.
Jim Mosher, resident, expressed concern that the building would not be demolished and the project would
not be redeveloped; therefore, the proposed sign program would remain in place.
Dan Purcell, resident, suggested that upon removing signage, historical signage should be retained and
treated as historically significant items.
The Zoning Administrator closed the public comment period.
The Zoning Administrator expressed concern with approving the pedestrian- oriented kiosk sign with the
limited information provided by the applicant with respect to the size and location of the sign. A dialogue
occurred between the Zoning Administrator and the applicant to determine whether or not the applicant
would like to consider removing the kiosk sign from the proposal or if the applicant would like to postpone
the decision and produce additional information. The applicant decided to remove the kiosk from the
application and the Zoning Administrator approved the remainder of the project as modified below:
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NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 02/29/2012
• A condition shall be added to obtain a building permit for all existing, unpermitted signage associated
with the Nautical Museum.
• A condition shall be added to bring existing signage (i.e., window signage) into compliance with the
sign program prior to issuance of building permits.
Action: Approved as Modified
4. PUBLIC COMMENTS ON NON - AGENDA ITEMS:
Jim Mosher, resident, expressed his appreciation for making the staff reports and draft resolutions
available online in advance of the hearing. He also suggested staff consider uploading older resolutions
to the website for easier viewing.
ADJOURNMENT — The hearing was adjourned at 4:24 p.m.
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