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HomeMy WebLinkAboutItems 1 and 3_Correspondence_MosherItems 1 and 3: Additional Materials Received Zoning Administrator Hearing December 12, 2012 Comments on December 12, 2012 Zoning Administrator Agenda Items Comments by: Jim Mosher ( iimmosher(c�yahoo.com ), 2210 Private Road, NB 92660 (949- 548 -6229) Item No. 1. Coffee Bean & Tea Leaf Minor Use Permit • On page 1, the PROJECT SUMMARY might be clearer that this is business already operating with 12 seats and the request seems to be for a permit to expand the seating to 24. The letter from the applicant on handwritten page 23 refers multiple times to an existing approved Minor Use Permit, but the existing permit is mentioned nowhere in the staff report or resolution. Indeed the staff report and resolution refer to the location as "currently vacant' (handwritten pages 3 and 7), which is definitely not the case; and many times as the "former Starbucks Coffee" space rather the name under which it actually operates ( "The Coffee Bean & Tea Leaf'). Does that mean this is in part an after - the -fact application for an operation that (with 12 seats) is not properly permitted? • There is a minor grammatical error in Fact in Support of Finding CA on handwritten page 9: "located less 500 feet ef-a from the residential district directly to the northeast" With regard to Condition of Approval 17 (handwritten page 13) is the requirement that "The trash enclosure shall have a decorative solid roof' intended as a new one? With the exception of the Ralphs supermarket, all the businesses in this wing of the shopping center have keep their dumpsters in a single three -sided enclosure directly behind the "The Coffee Bean & Tea Leaf' store. The dumpsters have lids that are generally closed, but the enclosure is a simple open -air block wall structure with no roof. Also on the side facing the residences, the enclosure has a metal gate (although I don't think a self - latching one) for removal of the dumpsters, but the side facing the businesses is permanently open, with no gate; which sounds rather different from the description in this condition. Is the applicant expected to rebuild this shared facility? • With regard to boilerplate Condition of Approval 21 (at the top of handwritten page 14) about storage outside the building, at the most recent Planning Commission hearing I questioned the intent of the same condition in the proposed use permits for Plaza Corona del Mar and the Port Theater, and to my surprise in both cases the condition was deleted rather than clarified. I truly don't know what exactly this condition is trying to say, or if it is redundant with some other provisions of the Municipal Code. Is it intended to mean that storage outside the building is OK as long as it's not at the front or rear of the building? What "property' is being referred to? The suite? Or the entire shopping center? • Does this approval rescind or otherwise modify any prior permits for the location? Items 1 and 3: Additional Materials Received Zoning Administrator Hearing December 12, 2012 December 12, 2012 Zoning Administrator agenda comments - Jim Mosher Page 2 of 3 Item No. 3. Thai Body Works- Minor Permit The agenda, in two places, says "Minor Permit." It evidently means "Minor Use Permit." In the Staff Report: Under "APPEAL PERIOD" on page 3 (handwritten page 4), the reference to filing an appeal with the City Clerk is confusing. As indicated on page 6 of the draft resolution (handwritten page 14) an appeal of the Zoning Administrator's decision would always be filed with the Director of Community Development. In the draft Resolution starting on page 9 of the staff report: • The line in capitals under the main title says "PLANNING COMMISSION" where "ZONING ADMINISTRATOR" is intended. • In the legal description of Item 1 under "Section 1. Statement of Facts," the Tract number seems to have been omitted. • In the first sentence of Item 2 a verb is missing. Possibly "...the number of parking spaces is required for... "( ?) • In Item 4, the abbreviation "CC -B" appears where elsewhere in the resolution it is just "CC ". • Under Item 5, on the last line of the page, "Planning Commission" is used where "Zoning Administrator" is intended. • In Item 3 on handwritten page 11, it would seem helpful to clarify the reference to "California Bill SB731" by specifying either the year of the legislative session, or the California law in which it was codified. SB731 is presumably a reference to the Massage Therapy Act passed in 2008, which added "Chapter 10.5 (commencing with Section 4600) is added to Division 2 of the Business and Professions Code ": http: / /www.leginfo.ca..qov /cgi- bin /displavcode ?section =bpc &g roue= 04001- 05000 &file = 4600 -4620 specifically Sections 4612 and 4614, which limit the ability of cities to regulate massage businesses employing certified therapists differently from "other professional or personal service businesses." It might be noted that this Act appears set to self - repeal in just twc years (per Section 4620). • The Fact in Support of Finding C.2 on handwritten page 12 that "No designated receptionist will be provided' seems slightly odd in view of the plans on handwritten page 28 showing that patrons enter through a reception room. Does one will ring a bell like arriving at a motel late at night? Items 1 and 3: Additional Materials Received Zoning Administrator Hearing December 12, 2012 December 12, 2012 Zoning Administrator agenda comments - Jim Mosher Page 3 of 3 With regard to the Conditions of Approval starting on handwritten page 15, the reference in Condition 9 to the "approved Comprehensive Sign Program for the project site" is slightly surprising, since the existence of such a program was not mentioned in the Findings. Does it have a number? • Should the Conditions of Approval include the Building Division and Fire Department Conditions (for example, for ingress and egress and use of the rear door ?) and Revenue Department Conditions (and perhaps others ?) as in the previous agenda item? • Does this approval rescind or otherwise modify any prior permits for the location?