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HomeMy WebLinkAbout10/16/2014 - Zoning Administrator NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 10/16/2014 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 Civic Center Drive, Newport Beach Corona del Mar Conference Room (Bay E-1st Floor) Thursday, October 16, 2014 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 Fern Nueno, Associate Planner Jason Van Patten, Planning Technician B. MINUTES of September 25, 2014 Action: Approved C. PUBLIC HEARING ITEMS ITEM NO. 1 Via Mentone Lot Line Adjustment (PA2014-128) CD 1 214 Via Mentone Jason Van Patten, Planning Technician, provided a brief project description stating that the property was developed with a single-family dwelling that was constructed across two (2) legal lots and a portion of a third lot. He stated that the applicant had requested to shift the interior lot lines and reapportion the lots into two (2) 37.5-foot wide parcels. He specified that the resulting number of legal building sites would remain the same as before the lot line adjustment. Mr. Van Patten added that the proposed parcel sizes were compatible with the range of sizes at nearby lots. Applicant Carol Helou, on behalf of the property owner, stated that she 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 indicated that he had difficulty understanding the project and the lot line adjustment exhibits. He then stated that this application consists of a subdivision within the Coastal Zone,where subdivisions are classified as"development" by the California Coastal Commission. There were no other public comments. Zoning Administrator Wisneski stated that the exhibits are standard practice, that staff was available to assist Mr. Mosher with the exhibits, and that two (2) parcels would remain. The Zoning Administrator approved the project as requested. Action: Approved ITEM NO.2 Banzai Bowl Minor Use Permit (PA2014-132) CD 1 11422 nd Street Fern Nueno, Associate Planner, provided a brief project description stating that the applicant requests a Minor Use Permit for a take-out service, limited eating and drinking establishment to convert the existing retail sales suite to a juice bar selling fruit bowls and smoothies. Ms. Nueno continued that the subject property is located in the Mixed-Use Water Related Zoning District with a nonconforming residential property to the southwest and a mixed-use structure to the northeast. The site is developed with a mixed- Page 1 of 3 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 10/16/2014 use building, with the subject commercial suite on the first floor, one (1) residential dwelling unit located above the first floor, and a four-car tandem garage with two-car tandem parking for both the residential and commercial uses. Ms. Nueno further described the project characteristics including square footage, seating, and hours of operation. Ms. Nueno recommended approval as staff believes the use would be complementary to the area, meets the requirements of the Zoning Code, and that the findings for approval could be made as demonstrated in draft Resolution. Applicant Carlos A. Garcia and Business Owner Joe Bard stated that they had reviewed the draft resolution and the draft conditions of approval and had no comments. The Zoning Administrator opened the public hearing. One member of the public, Jim Mosher, spoke and stated that on handwritten Page 9, Finding B-2 should reference Zoning Code Section 20.40.040. He stated that he was unclear about the parking requirement and if adding up to six (6) seats would affect the parking requirement. Mr. Mosher stated his concern about the conditions of approval allowing later hours than requested, and noted that if that practice continues, there should be consistency among all applications. There were no other public comments and the public hearing was closed. Zoning Administrator Wisneski responded to Mr. Mosher's parking question stating that up to six (6) seats were allowed with the proposed use and the parking requirement was not affected. Ms. Wisneski stated that the allowed hours of operation are often adjusted to allow greater flexibility beyond what an applicant requests, but there were already several late hour businesses in the area and operating characteristics of the proposed use focused on earlier hours, she approved the hours of operation until 9:00 p.m. The Zoning Administrator approved the project with a change to Condition of Approval No. 8, limiting the hours of operation to between 7:00 a.m. and 9:00 p.m. Action: Approved ITEM NO. 3 Lido Marina Village Lot Merger(PA2014-136) CD 1 3505 Via Oporto and 3434, 3442 and 3444 Via Lido Makana Nova, Assistant Planner, provided background explaining that the property owner intended to undertake tenant improvements for 3442 and 3444 Via Lido. The lot merger would allow the two (2) buildings to be combined into one (1) and the lot merger is necessary to address fire separation requirements for the Building Division. The second portion of the request involves an existing parking structure and retail tenant space that cross the property line between 3505 Via Oporto and 3434 Via Lido. The lot merger is necessary to remove the property line so that building permits for tenant improvements across the property line can be issued. Applicant Ron Lorntzen of DJM Capital, on behalf of Lido Group Retail, LLC, stated that he had reviewed the draft resolution and the required conditions. One member of the public, Jim Mosher, spoke and stated that this application consists of a subdivision within the Coastal Zone, where subdivisions are classified as "development" by the California Coastal Commission. There were no other public comments. The Zoning Administrator approved the lot merger and waiver of the parcel map requirement as requested. Action: Approved Page 2 of 3 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 10/16/2014 ITEM NO.4 Bistro 24 Minor Use Permit (PA2014-133) CD 5 800 Newport Center Drive,Suite 120, Block 800, North Newport Center Makana Nova, Assistant Planner, provided a brief project description, stating that the existing establishment is a cafe that operates as an accessory use to the office development within Block 800 of the North Newport Center Planned Community. The applicant requests to expand the existing cafe into an adjacent 471-square- foot retail tenant space, requiring a minor use permit. The establishment is considered an accessory food service to the primary office uses within the Block 800 commercial development. Five (5) additional parking spaces will be required at a rate of one (1) space per three (3) seats as a result of the proposed expansion. The original cafe was limited to twelve(12)seats and the new establishment proposes thirty-six(36)seats. Applicant Stephanie Peterson of Gensler, on behalf of the Irvine Company, stated that she had reviewed the draft resolution and the required conditions. The Zoning Administrator opened the public hearing. Seeing that no one from the public wished to comment, the public hearing was closed. While staff had recommending extending the closing hour to 9:00 p.m. the Zoning Administrator indicated this hour was inconsistent with the hours of the office area. On the basis that the applicant confirmed their intent to serve the business community, the condition was modified to reflect a closing hour of 7:00 p.m. The Zoning Administrator approved the project with a change to Condition of Approval No. 12, limiting the hours of operation to between 6:00 a.m. and 7:00 p.m. Action: Approved D. PUBLIC COMMENTS ON NON-AGENDA ITEMS None. E. ADJOURNMENT The hearing was adjourned at 3:50 p.m. The agenda for the Zoning Administrator Hearing was posted on Friday, October 10, 2014, at 12:00 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 Friday, October 10, 2014, at 11:45 a.m. liql"' 11 re d Wisneski, AI P, Zoning Administrator Page 3 of 3