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HomeMy WebLinkAbout10/10/2013 - Zoning AdministratorNEWPORT BEACH ZONING ADMINISTRATOR MINUTES NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 Civic Center Drive, Newport Beach Corona del Mar Conference Room (Bay E -1st Floor) Thursday, October 10, 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 Makana Nova, Assistant Planner Rosalinh Ling, Associate Planner Jason Van Patten, Planning Technician Benjamin M. Zdeba, Assistant Planner B. MINUTES of September 26, 2013 Action: Approved C. PUBLIC HEARING ITEMS 10/10/2013 ITEM NO. 1 Marigold Parcel Map — Permit No. NP2013 -019 (PA2013 -169) 415 and 415 % Marigold Avenue Council District 3 Jason Van Patten, Planning Technician, provided a brief project description stating that the parcel map application was for condominium purposes. He stated that a duplex was demolished on the site and that a new duplex was under construction. He added that the applicant did not request to waive any Title 19 Subdivision standards. Applicant Paul Craft of Apex Land Surveying, on behalf of the property owner, stated 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 stated that Section 2 of the draft resolution, California Environmental Quality Act Determination, should specify that the exemption is pursuant to the "Guidelines of the California Environmental Quality Act." There were no other public comments. The Zoning Administrator took action approving Tentative Parcel Map No. NP2013 -019. Action: Approved ITEM NO. 2 The Koll Company Lot Line Adjustment No. LA2013 -007 (PA2013 -141) 4400 Von Karman, East Side of Von Karman Avenue, between MacArthur Blvd. and Birch Street Council District 3 Rosalinh Ling, Associate Planner, provided a brief project description stating that on August 29, 2013, the Zoning Administrator continued this application to the October 10, 2013, Zoning Administrator meeting in order for the applicant to amend their application, which is a request to change the existing lot lines between Parcel 1 of Parcel Map No. 82 -713 and Parcel 2 of Parcel Map No. 91 -155. The subject parcels are located in the Koll Center Newport Planned Community. Page 1 of 4 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 10/10/2013 The proposed modification to the original submitted Lot Line Adjustment application consisted of a change in the parcel lines to increase the lot size of Parcel 1, from 5.200 to 6.216 acres and a decrease in lot size of Parcel 2, from 22.189 to 21.173 acres. No other changes to the application were proposed. Staff has reviewed and determined that the proposed revision would not result in an increase or a reduction of the number of parcels as originally proposed and the revision to the Lot Line Adjustment The application is consistent with the findings supporting the recommended approval of the application. Ms. Ung stated that she received written comments from the Meyer and Olen Properties. Applicant, Scott Merserve, on behalf of the Koll Company, stated that he had reviewed the draft resolution and the required conditions. Zoning Administrator Wisneski requested clarification regarding the purpose of the Lot Line Adjustment as it is related to the management responsibilities and common parking areas owned by the Koll Company. Mr. Merserve stated that there is a shift of assets management time and interest from Parcel 1 (the comer parcel) to Parcel 2 (the interior parcel) and this application is to show the Trustees of the Koll Company where they will be spending their time and effort in assets management. Mr. Merseve also stated that he had communicated with the Meyer and Olen Properties and addressed their concerns. The Zoning Administrator opened the public hearing. One member of the public, Jim Mosher, spoke and stated that he had submitted written comments for this item on August 29, 2013, and his objection was mainly due to the technical purposes as this application is not consistent with the Zoning Code. Seeing that no one from the public wished to comment the public hearing was closed. The Zoning Administrator stated that there are required findings that need to be made for a lot line adjustment. She recognized that this is a unique application, concurred with the findings made by staff and appreciated the property owner's clarification of the purpose of this application. The Zoning Administrator then took action approving Lot Line Adjustment No. LA2013 -007. Action: Approved ITEM NO.3 Kirkowski Residence Modification Permit No. MD2013 -012 (PA2013 -152) 310 Driftwood Road Council District 6 Makana Nova, Assistant Planner, provided a brief project description stating that the applicant requested to allow a second -story addition to encroach 7.2 inches into the required 6 -foot side yard setback. She noted that the Shore Cliffs tract was originally constructed at a time when the side yard setbacks were required to be 10 percent of the lot width. Following construction of the tract, the side yard setbacks for the zone were changed to 6 feet. Thus, a number of properties in the neighborhood have nonconforming side yard setbacks. The encroachment was requested at the second floor level to avoid additional structural alteration at the first floor level. Additionally, staff had received one phone call from a neighbor across the street opposing the request for deviation to the Zoning Code development standard. Applicant, Stan Andrade, on behalf of the property owner, stated 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 stated that Section 2 of the draft resolution, California Environmental Quality Act Determination, should specify that the exemption is pursuant to the "Guidelines of the California Environmental Quality Act." There were no other public comments Page 2 of 4 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 10/10/2013 The Zoning Administrator took action approving Modification Permit No. MD2013 -012. Action: Approved ITEM NO. 4 NBAC Cafe Minor Use Permit - No. UP2013 -015 (PA2013.149) 1367 Avocado Avenue Council District 5 Jason Van Patten, Planning Technician, provided a brief project description stating that the request was to add a Type 41 Alcohol Beverage Control (ABC) license to an existing food service use, the Newport Beach Athletic Club Cafe. He provided a brief history of the site and stated that the applicant was requesting beer and wine to complement the food service. Mr. Van Patten indicated that the hours of operation of the food service were consistent with the health club facility hours, and that no additional floor area was proposed as part of the application, therefore no additional parking was necessary. He stated further that the project was reviewed by the Police Department who had no objections to the ABC license type proposed, but did provide conditions of approval which were included in the draft resolution. Applicant Tom Bazar-as of the Newport Beach Athletic Club stated 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 stated that Section 2 of the draft resolution, California Environmental Quality Act Determination, should specify that the exemption is pursuant to the "Guidelines of the California Environmental Quality Act." There were no other public comments. The Zoning Administrator took action approving Minor Use Permit No. UP2013 -015. Action: Approved ITEM NO. 5 Sapori Ristorante Expansion Minor Use Permit No. UP2013 -014 and Lot Line Adjustment No. LA2013 -010 (PA2013 -151) 1080 Bayside Drive Council District 5 Benjamin M. Zdeba, Assistant Planner, provided a brief project description stating that the currently operating restaurant has an existing use permit and that the expansion would use the same Type -47 ABC license for alcohol sales with no late hours. It was noted the existing use permit would be superseded if the application were to be approved. He further added that the lot line adjustment was necessary to accommodate a 200 - square -foot dry storage area as required by the County Health Department for the expansion. Applicant Paul Shaver of CAA Planning, Inc., on behalf of the Irvine Company, stated that he had reviewed the draft resolution and the required conditions. The Zoning Administrator opened the public hearing. There were no public comments. Zoning Administrator Wisneski requested clarification regarding the language in the draft resolution regarding Use Permit No. UP2013 -014 superseding the existing use permit. The Zoning Administrator took action approving Minor Use Permit No. UP2013 -014 and Lot Line Adjustment No. LA2013 -010. Action: Approved Page 3 of 4 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 10/10/2013 ITEM NO. 6 The Dessert Lab Minor Use Permit No. UP2013 -017 (PA2013 -164) 4221 MacArthur Blvd, Suite B4 Council District 3 Benjamin M. Zdeba, Assistant Planner, provided a brief project description stating that the proposed food service, eating and drinking establishment would occupy a vacant tenant space in a recently constructed shopping center. He stated that no late hours or alcohol sales were proposed and further indicated there was a surplus of parking with the proposed use. Applicant and tenant Arti Anand of Aelius, Inc. stated that she had reviewed the draft resolution and the required conditions. One member of the public, Jim Mosher, spoke and stated that Section 2 of the draft resolution, California Environmental Quality Act Determination, should specify that the exemption is pursuant to the "Guidelines of the California Environmental Quality Act." There were no other public comments. The Zoning Administrator took action approving Minor Use Permit No. UP2013 -017 Action: Approved D. PUBLIC COMMENTS ON NON - AGENDA ITEMS A member of the public arrived late to comment on Item No. 1 stating he was the next door neighbor to 415 Marigold Avenue. He questioned if the same project could be built on 411 Marigold Avenue. The Zoning Administrator stated that it was possible since the surrounding properties were similar. A member of the public, Mr. Jim Mosher, commented on a statement made at a previous hearing concerning the Conditions of Approval relating to Alcoholic Beverage Control Licenses and municipalities not having the authority to impose additional regulations through conditions of approval from the Police Department. He suggested the City look further into this statement. The Zoning Administrator thanked Mr. Mosher for bringing this to our attention. E. ADJOURNMENT The hearing was adjourned at 3:58 p.m. The agenda for the Zoning Administrator Hearing was posted on October 3, 2013, at 3:50 p.m. in the Chambers binder and 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 October 3, 2013, 2013, at 4:00 p.m. Wisneski; AIPP, Zoning Administrator Page 4 of 4