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HomeMy WebLinkAbout01_01-16-2025_ZA_Minutes - DRAFT Page 1 of 5 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM THURSDAY, JANUARY 16, 2025 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 Kelly Ribuffo, Consultant Planner Laurel Reimer, Consultant Planner Oscar Orozco, Associate Planner II. REQUEST FOR CONTINUANCES None. Zoning Administrator Zdeba took a brief recess to allow admin to fix the technical difficulties at the start of the meeting. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF DECEMBER 12, 2024 Action: Approved IV. PUBLIC HEARING ITEMS ITEM NO. 2 The Place Limited Term Permit (PA2023-0230) Site Location: 2920 East Coast Highway Council District 6 Laurel Reimer, Consultant Planner, provided a brief project description stating that the application is a request for a limited term permit to allow a maximum 500-square-foot temporary outdoor dining area for up to a six- month term at The Place, an existing eating and drinking establishment. The Place has operated in this location since 1984 and was authorized through Use Permit No. UP3058. The outdoor dining area was previously authorized through the Limited Term Permit filed as PA2022-119 during the pandemic. If approved, the current request would allow the existing temporary outdoor dining area to continue for an additional six months. The temporary outdoor dining area is located at the rear of the building and occupies two of the four existing on-site parking spaces. One standard parking space and one accessible parking space remain available for patron parking. Consultant Planner Reimer stated that staff recommends a six-month term with no option to request an extension. Should the applicant wish to continue operating the outdoor dining area, they would need to apply for an amended conditional use permit. Consultant Planner Reimer stated that 14 public comments were received, two of which were received after the commenting period ended. Most comments were in support of the project, and one comment requested that there be a limit to the number of people on the patio and an early curfew for its use. In reply to Zoning Administrator Zdeba’s inquiry, Consultant Planner Reimer confirmed the hours of the outdoor dining area would be limited to 9:00 p.m. daily and that occupant loads would be regulated by the California Building Code. Zoning Administrator Zdeba opened the public hearing. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 01/16/2025 Page 2 of 5 Applicant Katie Flamson, on behalf of The Place, stated that she had reviewed the draft resolution and agrees with all the required conditions. Zoning Administrator Zdeba asked the Applicant if she understood that this is a temporary approval that would be authorized for six months, during which time the City would encourage her to apply for an amended conditional use permit to allow a permanent outdoor dining area. The applicant concurred. Zoning Administrator Zdeba amended Condition of Approval No. 3 to change the six-month expiration date from July 16, 2025, to July 31, 2025, to coincide with the approval being valid for six-months from the effective date rather than six-months from the hearing date. The Applicant accepted this revision. Zoning Administrator Zdeba closed the public hearing. Action: Approved as amended ITEM NO. 3 Helmsman Ale House Limited Term Permit and Coastal Development Permit (PA2023- 0227) Site Location: 2920 Newport Boulevard, Suite D Council District 1 Kelly Ribuffo, Consultant Planner, provided a brief project description stating that a limited term permit is being requested to allow a maximum 1,000-square-foot temporary outdoor dining area at Helmsman Ale House, an existing eating and drinking establishment. Helmsman Ale House has operated in this location since 2019 and has a current Type 75 (Brewpub-Restaurant) Alcoholic Beverage Control (ABC) license. A food service use has operated at this location since 1993. The current hours of operation for the restaurant are 6:00 a.m. to 11:00 p.m. Sunday through Thursday, and 6:00 a.m. through 1:00 a.m. on Friday and Saturday. A 5,500- square-foot temporary outdoor dining area was originally authorized on June 11, 2020, by the Community Development Director through Emergency Temporary Use Permit No. UP2020-029 in response to the COVID- 19 pandemic. The area was reduced in size to 1,000-square-feet and extended beyond its initial approved term of the Limited Term Permits and Coastal Development Permits, which expired on December 30, 2023. The parking lot was restriped to accommodate the temporary outdoor dining area, and a minimum of two accessible parking spaces remain available. The patio would operate concurrent with the restaurant but would close at 9:00 p.m. Monday through Thursday, and 10:00 p.m. Friday through Sunday. Consultant Planner Ribuffo noted that, to date, several complaints have been received by the City regarding the operation of the business. This initially resulted in the Code Enforcement Division and the Newport Beach Police Department (NBPD) not being in favor of approval of the project. In 2024, there have been 28 calls for service to 2920 Newport Boulevard, seven of which were nuisance calls related to the operation of the business. NBPD has worked with the applicant over the last year to improve security practices, door management, and overcrowding at the restaurant. The applicant shared their security plan with NBPD, reformed security staff, and provided alcohol education to staff, which decreased calls for service during that time. Therefore, the NBPD is not opposed to the application but recommends reevaluation of the project prior to consideration of a permanent outdoor patio. The NBPD’s recommended conditions of approval have been included to limit hours of operation, prohibit amplified noise, and set a maximum occupancy for the temporary outdoor dining area. Staff recommends that the current application only be approved for a period of six months with no ability to request an extension. The applicant will need to apply for an amended conditional use permit and a coastal development permit if they wish to continue to operate in the outdoor area. Consultant Planner Ribuffo stated that three public comments were received before the public comment deadline in opposition to the project related to nuisance issues, noise, and harassment. Four public comment letters were received after the deadline, three in support of the project and one providing additional information in opposition to the project, including a photograph of the property. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 01/16/2025 Page 3 of 5 Zoning Administrator Zdeba clarified that the effective date of the approval would be two weeks after the hearing date at the end of the appeal period, with the six-month period expiring on July 31, 2025. He also confirmed that all conditions of approval recommended by the NBPD were included in the draft resolution. Zoning Administrator Zdeba opened the public hearing. Applicant’s representative Michael Cho spoke on behalf of the Lucky Callender, operator of Helmsman Ale House, who attended the hearing. He provided additional information regarding the history of the operation of the existing outdoor patio and their coordination with the NBPD. He stated that there are standing personal issues between the operator and commenters who wrote in opposition to the project. He stated that they had reviewed the draft resolution and agree with all the required conditions but requested that the Limited Term Permit be authorized for a period of nine months, through Labor Day, instead of the six-month term drafted. Zoning Administrator Zdeba asked the Applicant if they understood that, if approved, this will be a temporary approval authorized for six months, during which time they need to apply for an amended conditional use permit and coastal development permit to make the temporary outdoor dining area permanent. Mr. Cho stated they understood. Six members of the public spoke regarding the proposed project. First member of the public, Darlene Quinn, resident of 415 ½ 29th Street, spoke in opposition to the project, citing nuisance issues related to noise, parking, trash, and aesthetics. A second member of the public, Stephanie, resident of 500 30th Street, spoke in opposition to the project, citing issues related to trash and noise. A third member of the public, Justin Black, spoke in support of the project as a regular user of the outdoor patio at Helmsman Ale House. A fourth member of the public Michael, owner of 403 30th Street, partial owner of 3000 and 3002 Newport Boulevard, spoke in support of the project, and stated that issues with trash are common in the area and not necessarily related to Helmsman Ale House. A fifth member of the public, Joel Feitlet, owner of 407 30th Street, spoke in support of the project. Lastly, Larnie Dacanay, resident of 407 30th Street, spoke in support of the project. Seeing no other members of the public wishing to speak, Zoning Administrator Zdeba offered the Applicant an opportunity to address any of the comments made. Mr. Cho provided clarification that Helmsman Ale House does not serve drinks in bottles or cans, so the trash cited would not be related to operation of the business, and that they are proactive in the management of the business operations including the patio and parking lot. Zoning Administrator Zdeba closed the public hearing. Zoning Administrator Zdeba amended Condition of Approval No. 3 to change the six-month expiration date from July 16, 2025, to July 31, 2025, to coincide with the approval being valid for six-months from the effective date rather than six months from the hearing date. He acknowledged the Applicant’s request to extend the authorization for nine months instead of the proposed six months but expressed concern over doing so immediately given the amount of collaboration with Code Enforcement and NBPD, as well as the public hearing notice identifying the six-month term. Considering the Applicant’s request, Zoning Administrator Zdeba modified Condition of Approval No. 3 to allow the Applicant an opportunity to request one three-month extension of this approval. The Applicant accepted this revision. Action: Approved as amended MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 01/16/2025 Page 4 of 5 ITEM NO. 4 Placentia Avenue Apartments Minor Site Development Review and Affordable Housing Implementation Plan (PA2023-0053) Site Location: 1526 Placentia Avenue Council District 2 Oscar Orozco, Associate Planner, provided a brief project description stating that the applicant requests approval of a minor site development review and affordable housing implementation plan to allow the demolition of an existing commercial building and construction of a new 11-unit apartment building at 1526 Placentia Avenue. The request includes a density bonus increase of 46.25% or four units above the base density, as allowed through State Density Bonus Law (SDBL) by providing one very-low-income unit. Of the 11 total units, 10 units will be market-rate rentals, and one unit will be restricted to very low-income households. Associate Planner Orozco further described density for the site and stated that, based on the Zoning Map and a maximum site area per dwelling unit of 2,420 square feet, it is limited to a maximum of six units. However, given the net site area yields six whole units and a fraction of another unit, Section 20.32.040(A) of the Newport Beach Municipal Code (NBMC) requires base and density bonus units to be rounded up thereby allowing the site to have seven base units. Associate Planner Orozco stated the project complies with all development standards including a reduced parking rate, as allowed by SDBL. Mr. Orozco also added that traffic was analyzed by the City Traffic Engineer and found that the change from the existing commercial use to a residential use would result in a reduction in total daily trips. The project is exempt from the California Environmental Quality Act under Class 32. Associate Planner Orozco concluded his presentation by identifying minor clean ups to the draft resolution and addressed written public comments received by Jim Mosher and Cathy Coleman. He recommended approval of the project with the proposed revisions to the resolution. Zoning Administrator Zdeba opened the public hearing. Applicant Ryan Oldham of Oldham Architects, and Jeff Cefalia, Owner, stated that they had reviewed the draft resolution and agree with all the required conditions. A member of the public, Tanya, raised concerns over potential residents and existing lack of attention towards the property by the Owner. Another member of the public, Ryan Janis, raised questions over the overall height of the structure and potential impacts to private views. Seeing no other members of the public wishing to speak, Zoning Administrator Zdeba gave the Applicant an opportunity to address the comments. Ryan Oldham, Architect, described the project design and highlighted the overall height of the structure as being compliant with the height limit. He also described the common open space and clarified that it is behind a low wall and intended to be used by the residents of the project. Zoning Administrator Zdeba asked Associate Planner Orozco, if he would like to add any additional information or provide Police Department data for the site. Associate Planner Orozco provided “calls for service” data for the site identifying that the existing land use generates more calls for service than the immediately adjacent residential site. Zoning Administrator Zdeba closed the public hearing. He emphasized the current zoning of the site as residential and that the nonconforming liquor store is a blighting use. He noted the City does not have policies in place to protect private views. He commended the Applicant for designing a project that fits with the neighborhood and does not take advantage of potential deviations offered through SDBL that would result in a much bulkier building. Lastly, he addressed the stigma surrounding “low-income housing” and pointed to the Affordable Housing Implementation Plan’s table of sample salaries that could qualify for the single income- MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 01/16/2025 Page 5 of 5 restricted unit. He expressed a belief that implementation of the proposed project would be a benefit to the area. Action: Approved as amended V. PUBLIC COMMENTS ON NON-AGENDA ITEMS None. VI. ADJOURNMENT The hearing was adjourned at 11:08 a.m. The agenda for the Zoning Administrator Hearing was posted on January 9, 2025, at 11:45 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 January 9, 2025, at 12:00 p.m. Benjamin M. Zdeba, AICP Zoning Administrator