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Home My WebLink About0 - Agenda CITY OF NEWPORT BEACH ZONING ADMINISTRATOR AGENDA U Newport Beach City Hall - 100 Civic Center Drive, Newport C'qC/ppµN% Beach Corona del Mar Conference Room (Bay E-1st Floor) March 26, 2015 -3:30 PM Brenda Wisneski, Zoning Administrator I. CALL MEETING TO ORDER II. APPROVAL OF MINUTES MINUTES OF MARCH 12, 2015 III. PUBLIC HEARING ITEM(S) ITEM NO. 1. Mayur Indian Cuisine Minor Use Permit (PA2015-004) 2931 E. Coast Highway Summary: A request for an existing restaurant to change their ABC license from a Type 41 (On-Sale Beer and Wine) to a Type 47 (On-sale General). The project proposes no other changes to the existing operation including no change to their current hours of operation (closing at 11:00 p.m., daily) or number of seats. Recommended Action: 1. Conduct a public hearing; and 2. Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No. UP2015-002. CEQA Compliance: This action is covered by the general rule that the California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment (Section 15061.b.3 of the CEQA Guidelines). It can be seen with certainty that there is no possibility that changing the type of retail liquor license at an existing eating and drinking establishment will have a significant effect on the environment. Therefore, this activity is not subject to CEQA. ITEM NO. 2. Damasq Cafe Minor Use Permit (PA2015-007) 3601 E. Coast Highway Summary: A minor use permit to convert an existing 850-square-foot, commercial retail space to a take- out service, limited eating and drinking establishment. The proposal includes a customer service counter and a maximum of 6 seats within a 147-square-foot customer area. No late hours (after 11:00 p.m.) or alcohol sales are proposed as part of this application. Recommended Action: 1. Conduct a public hearing; and 2. Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No. Zoning Administrator — March 26, 2015 U P2015-004. CEQA Compliance: The project is categorically exempt under Section 15301, of the State CEQA (California Environmental Quality Act) Guidelines - Class 1 (Existing Facilities). ITEM NO. 3. Xanadu Cafe Minor Use Permit (PA2015-021) 100 W. Coast Highway, Suite 104 Summary: A minor use permit to allow a food service, eating and drinking establishment within a 1,425- square-foot vacant commercial space located within the Mariner's Point shopping center. The proposal includes 16 seats within a 484-square-foot interior customer area and 12 seats within a 121-square-foot outdoor dining area. No late hours (after 11:00 p.m.) or alcohol sales are proposed as part of this application. Recommended Action: 1. Conduct a public hearing; and 2. Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No. UP2015-007. CEQA Compliance: The project is categorically exempt under Section 15301, of the State CEQA (California Environmental Quality Act) Guidelines - Class 1 (Existing Facilities). ITEM NO. 4. Roger's Gardens Cafe Minor Use Permit (PA2014-210) 2301 San Joaquin Hills Road Summary: A Minor Use Permit application for a Food Service (no late hours) eating and drinking establishment with alcohol sales (Type 47 ABC License — On-Sale General). The request includes the construction of an approximately 1,660 square foot kitchen/serving building with an approximately 944 square foot basement. The proposed dining area consists of a partially enclosed lounge and exterior patio seating with a total of 108 seats. The restaurant will be an accessory use to the established nursery and retail use and parking will be provided in the existing parking lots. The proposed hours of operation are from 10:00 a.m. to 10:00 p.m. Sunday-Thursday and 10:00 a.m. to 11:00 p.m. Friday and Saturday. Recommended Action: 1. Conduct a public hearing; and 2. Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No. U P2014-210. CEQA Compliance: The project is categorically exempt under Section 15301 of the State CEQA (California Environmental Quality Act) Guidelines - Class 3 (New Construction or Conversion of Small Structures). IV. PUBLIC COMMENTS ON NON-AGENDA ITEMS Public comments are invited on non-agenda items generally considered to be within the subject matter2 Zoning Administrator - March 26, 2015 jurisdiction of the Committee. Speakers must limit comments to three (3) minutes. Before speaking, we invite, but do not require, you to state your name for the record. The Committee has the discretion to extend or shorten the speakers'time limit on non-agenda items, provided the time limit adjustment is applied equally to all speakers. As a courtesy, please turn cell phones off or set them in the silent mode. V. ADJOURNMENT This hearing is subject to the Ralph M.Brown Act.Among other things,the Brown Act requires that the Zoning Administrator agenda be posted at least seventy-two(72)hours in advance of each regular hearing and that the public be allowed to comment on agenda items before the Zoning Administrator and items not on the agenda but are within the subject matter jurisdiction of the Zoning Administrator.The Zoning Administrator may limit public comments to a reasonable amount of time,generally three(3)minutes per person. It is the intention of the City of Newport Beach to comply with the Americans with Disabilities Act("ADA")in all respects. If,as an attendee or a participant at this hearing,you will need special assistance beyond what is normally provided,the City of Newport Beach will attempt to accommodate you in every reasonable manner. If requested,this agenda will be made available in appropriate alternative formats to persons with a disability,as required by Section 202 of the Americans with Disabilities Act of 1990(42 U.S.C.Sec. 12132),and the federal rules and regulations adopted in implementation thereof. Please contact the Community Development Department at least forty-eight(48)hours prior to the hearing to inform us of your particular needs and to determine if accommodation is feasible at 949-644-3200. If in the future,you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted,you may be limited to raising only those issues which you(or someone else)raised orally at the public hearing or in written correspondence received by the City at or before the hearing. The agendas,minutes,and staff reports are available on the City's web site at:www.newportbeachca.gov/zoningadministrator and for public inspection in the Community Development Department,Planning Division located at 100 Civic Center Drive,during normal business hours.If you have any questions or require copies of any of the staff reports or other documentation,please contact the Community Development Department, Planning Division staff at(949)644-3200. APPEAL PERIOD:An appeal may be filed with the Director of Community Development or City Clerk,as applicable,within fourteen(14)days following the date the action or decision was rendered unless a different period of time is specified by the Municipal Code(e.g.,Title 19 allows ten It 0)day appeal period for tentative parcel and tract maps, lot line adjustments,or lot mergers). For additional information on filing an appeal,contact the Planning Division at 949 644-3200. 3