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Home My WebLink About03/14/2013NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 03/14/2013 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES Council Chambers — 3300 Newport Boulevard Thursday, March 14, 2013 REGULAR HEARING 3:30 p.m. A. CALL TO ORDER — The meeting was called to order at 3:30 p.m. Staff Present: Brenda Wisneski, Zoning Administrator Jason Van Patten, Planning Technician Gregg Ramirez, Senior Planner Benjamin M. Zdeba, Assistant Planner B. MINUTES of February 28, 2013 Action: Approved ITEM NO. 1 121 34`" Street Condominium Conversion No. CC2012 -004 and Parcel Map No. NP2012 -009 (PA2012 -155) 121 34th Street CD 1 Jason Van Patten, Planning Technician, provided a brief description of the project stating that the application was for a condo conversion and parcel map. He stated that the applicant was requesting to convert an existing duplex to condominiums. He further added that the existing duplex was remodeled to condo standards in 2011 with separate utilities, and that the building provided the code required two -car parking per unit. He also mentioned that the applicant was not requesting any exceptions to the Subdivision Code standards. Finally, he noted that the applicant was required to undergo a special inspection with the Building Division, which was satisfied by the applicant. Applicant Christopher Hall acknowledged that he had reviewed the draft resolution and the required conditions. The Zoning Administrator opened the public hearing One member of the public, Jim Mosher, spoke, and inquired about the one safety violation referenced in the staff report. Mr. Van Patten clarified that the safety violation dealt with a staircase handrail that exceeded a maximum height of 38 inches. He indicated that the applicant had corrected the issue and received approval from the Building Division. Seeing that no one else from the public wished to comment, the public hearing was closed The Zoning Administrator clarified some confusion raised by the public surrounding conditions of approval related to construction. She indicated that in this case, with the project already constructed, the application was for the creation of separate ownership units and that no physical changes were being done to the property. The Zoning Administrator approved the resolution as amended for Condo Conversion No. CC2012- 004, and Parcel Map No. NP2012 -009. Action: Approved Page 1 of 3 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 03/14/2013 ITEM NO.2 Johnny's Real New York Pizza Minor Use Permit No. UP2013 -002 (PA2013 -013) 1320 Bison Avenue CD 4 Gregg Ramirez, Senior Planner, provided a brief project description. He explained that the proposed Minor Use Permit (MUP) is to allow beer and wine service at a restaurant allowed by an existing use permit located in the Bluffs Shopping Center. He also noted that tenant improvement permits have been issued pursuant to that existing use permit. He indicated that the tenant space has historically been occupied by restaurants and that the proposed MUP was consistent with the "blanket" restaurant Use Permit approved for the Bluffs Shopping Center. He explained that staffs recommended hours of operation were 6:00 a.m. to 11:00 p.m., daily, in order to allow the applicant and potential future operators flexibility. He further noted that the Police Department had no objections to the request and that staff was recommending approval of the MUP. Zoning Administrator Wisneski asked the applicant if they had any comments about the project. Applicant representative Michael Cho requested that Condition of Approval No. 14 regarding bar counter seating be deleted. Zoning Administrator Wisneski opened the public hearing. One member of the public, Jim Mosher, resident, questioned whether a condition prohibiting signage visible from the exterior of the restaurant advertising alcoholic beverages should be included or if it's covered in the sign code. Additionally, he questioned Condition No. 24 and its requirement for a Special Event Permit if beer and wine was being sold and indicated that it seemed to contradict what the MUP would allow. Seeing that no others from the public wished to comment the public hearing was closed. Senior Planner Ramirez, explained the floor plan and layout of the seating counters, seats and restaurant equipment. Ms. Wisneski and staff had a brief discussion about signage and Condition No. 24 as they relate to beer and wine advertising and Special Event Permit requirements. Zoning Administrator Wisneski took action and approved the proposed project. Included in the approval was the deletion of Condition No. 14 because she determined that the service counter was small and not a bar counter designed primarily for the service of alcohol. Also, the reference to beer and wine in Condition No. 24 was deleted. Action: Approved as amended ITEM NO.3 Westcliff Court Tea Room Minor Use Permit No. UP2013 -001 (PA2013 -004) 1703 Westcliff Drive CD 3 Benjamin M. Zdeba, Assistant Planner, provided a brief project description. He explained that the proposed Minor Use Permit is to allow a tea room (eating and drinking establishment) that is within 500 feet of a residential district. It was noted that the project site was developed over three parcels and a total of 165 parking spaces were shared between the buildings that occupied those parcels. He added that no late hours or alcohol sales were proposed as part of the request. Zoning Administrator Wisneski asked the applicant if they had any comments about the project. Applicant Deborah Standley stated she had nothing further to add to the staffs presentation. Zoning Administrator Wisneski opened the public hearing. Seeing that no one from the public wished to comment, the public hearing was closed. Zoning Administrator Wisneski took action and approved the proposed project as submitted. Action: Approved Page 2 of 3 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 03/14/2013 ITEM NO.4 Orange Coast Winery Minor Use Permit No. UP2013 -003 (PA2013 -016) 3734 East Coast Highway CD 6 Benjamin M. Zdeba, Assistant Planner, provided a brief project description. He explained that the proposed Minor Use Permit (MUP) is to allow Alcohol Sales (Off -Sale) for a retail store specializing in homegrown wines. He added that a small, 170- square -foot accessory onsite tasting area was included in the request, noted that the existing mixed -use development was nonconforming due to parking and use, and clarified that the use was not considered an intensification as the parking requirements were unchanged. Zoning Administrator Wisneski asked the applicant if they had any comments about the project. Applicant Doug Wiens stated he had nothing further to add to staffs presentation. Zoning Administrator Wisneski opened the public hearing. One member of the public, Jim Mosher, resident, expressed concern for staff's interpretation of Zoning Code Chapter 20.38 with respect to using parking requirements to gauge intensity for changing a use on a nonconforming property. Additionally, he questioned Condition No. 31 and its requirement for a Special Event Permit if beer and wine was being sold and indicated that it seemed to contradict what the MUP would allow. Seeing that no one from the public wished to comment further the public hearing was closed. Ms Wisneski and staff noted a change to Condition No. 31 as it relates to Special Event Permit requirements. Zoning Administrator Wisneski took action and approved the proposed project. Included in the approval was the deletion of beer and wine referenced in Condition No. 31. Action: Approved as amended I all : 34 190191PiIJi1:111116Y9]11!1*3211FIX :11 i!1011111111 I111I LY, 6 None. ADJOURNMENT The hearing was adjourned at 3:54 p.m. The agenda for the Regular Hearing was posted on March 8, 2013, at 10:45 a.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building and on the City's website on March 8, 2013, at 10:50 a.m. Wisneski; AIFP, Zoning Administrator Page 3 of 3