HomeMy WebLinkAbout04/16/2015 - Zoning Administrator NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 04/16/2015
NEWPORT BEACH ZONING ADMINISTRATOR MINUTES
100 Civic Center Drive, Newport Beach
Corona del Mar Conference Room (Bay E-1st Floor)
Thursday, April 16, 2015
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,Associate Planner
Jason Van Patten,Assistant Planner
Benjamin M.Zdeba, Assistant Planner
B. MINUTES of March 26, 2015
Action: Approved
C. PUBLIC HEARING ITEMS
ITEM NO. 1 Bayshores Temporary Parking Lot (PA2015-003)
100 Dover Drive CD3
Benjamin M. Zdeba, Assistant Planner, provided a brief project description stating that the Bayshores
Community Association is requesting to use a portion of the City-owned property at 100 Dover Drive as a
temporary parking area with twenty (20) parking spaces for contractors working on construction projects in
the Bayshores Community for a 12-month period. He noted the General Plan Designation and Zoning District
for the property and indicated the proposed use is consistent with both inasmuch as the use will not hinder
permanent development on the site. He further added that no permanent improvements would be allowed to
establish the temporary parking lot as conditioned in the draft resolution for approval.
The Zoning Administrator opened the public hearing.
One member of the public, Jim Mosher, spoke regarding the larger area of the lot toward the water being
used as public parking and the duration of the limited term permit that was granted for the same use
previously; as well as the 30-day use termination period specified by the Limited Term Permit section of the
Zoning Code. He also noted that Condition of Approval Nos. 1 and 4 include erroneous references and
further expressed concern relative to revocation of the Limited Term Permit and fee payment.
There were no other public comments and the Zoning Administrator closed the public hearing.
Mr. Zdeba addressed Mr. Mosher's questions and concerns regarding the duration of use and timing
limitations and further indicated the Limited Term Permit would require a license agreement with the City to
become effective which will allow for termination and will require payment.
Zoning Administrator Wisneski noted a revised draft resolution had been distributed to indicate there was a
previous limited term permit issued for the same use that had expired. With changes made to Condition of
Approval Nos. 1 and 4 to omit the incorrect references, she approved the Limited Term Permit application.
Action: Approved
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NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 04/16/2015
ITEM NO.2 Griggs Tentative Parcel Map (PA2015-031)
616 Narcissus Avenue CD 6
Benjamin M. Zdeba, Assistant Planner, provided a brief project description stating that the applicant is
requesting approval of a tentative parcel map in conjunction with the construction of a new duplex being built
in conformance with condominium standards. He noted that the property is not within the Coastal Zone and
added that no deviations from the Title 19 (Subdivisions)standards were requested as part of the application.
A representative of Apex Land Surveying, Inc., 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. Seeing that no one from the public wished to comment,
the public hearing was closed.
Zoning Administrator Wisneski expressed agreement that the findings for approval can be made and
approved the Tentative Parcel Map application.
Action: Approved
ITEM NO. 3 Chaba Thai Massage and Spa (PA2015-039)
1000 Bristol Street N., Suite 19 and 20 CD3
Jason Van Patten, Assistant Planner, provided a brief project description stating that the minor use permit
application was for the expansion of Chaba Thai Massage and Spa. He stated that the business operated out
of a tenant space in the Plaza Newport Shopping Center under an approved use permit and the business
owner requested to expand into the adjacent tenant space. He noted that the area would be used for
additional massage rooms, office, and larger reception and that the allowed hours of operation were not
changing. Mr. Van Patten stated that the use was compatible with other surrounding shopping center uses
that included retail and restaurant and that parking was adequately provided in the shopping center parking
lot. He indicated that conditions of approval from the previous use permit were carried forward and that the
applicant was required to obtain an Operator's Permit from the Police Department.
Applicant Michael Guenther 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 had two(2)comments. He indicated that Condition No. 14
referenced legislation that has since been repealed and replaced and felt it should reference AB 1147 and
Chapter 10.5 of the Business and Professions Code. He also indicated that Condition No. 15 needed to
clarify that it was in reference to the City's forthcoming massage ordinance that was previously adopted but
not yet effective, rather than the ordinance in effect presently.
There were no other public comments.
Mr. Van Patten indicated that the applicant was aware of the new massage ordinance.
Zoning Administrator Wisneski indicated that Condition No. 14 would be corrected and that Condition No. 15
was written correctly. She moved to approve the application for the Minor Use Permit with the change to
Condition No. 14 of the draft resolution.
Action: Approved
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NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 04/16/2015
ITEM NO.4 Ra Yoga Minor Use Permit(PA2015-045)
1617 Westcliff Drive, #107, #109, and #111 CD3
Makana Nova, Associate Planner, provided a brief project description stating that the applicant requested a
minor use permit to allow a yoga studio as part of the renovation of the existing building at 1617 Westcliff
Drive. The subject tenant suites had previously been occupied by two (2) smaller health and fitness facilities
and the consolidation of these suites into one (1) larger facility triggers the requirement for a minor use permit
since the tenant space now exceeds 2,000 square feet of gross floor area. A parking demand analysis for the
new mix of uses was prepared in December, 2014, as part of a Conditional Use Permit to authorize a
restaurant within the building. The parking demand analysis incorporated the proposed health and fitness
facility into the mix of uses but suggested that parking may be limited during the peak weekday hours. As a
result, Ms. Nova recommended limiting the class size from 9:00 a.m. through 8:00 p.m., Monday through
Friday, to a maximum of thirty (30) instructors and students within the tenant space. She then presented
revised draft conditions of approval that modify the hours when the class limitation would apply. The
proposed floor plan for the facility includes two (2)studio spaces where yoga classes will be conducted.
Applicant, Bobby Kittleman, on behalf of the Ra Yoga, expressed his enthusiasm for opening a second Yoga
studio at the 1617 Westcliff Drive location.
The applicant's designer, Juanita Fotheringham, stated that they 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 had several comments. He noted that Condition No. 3
identifies specific times where the class size would be limited whereas Fact No. 4 of Finding C did not make
this distinction in the draft resolution. He also noted that the conditions of approval do not restrict the hours of
operation whereas the facts in support of the required findings note the proposed business hours under Fact
No. 3 of Finding C. He suggested that the overall hours of operation be limited under the conditions of
approval. Finally, Mr. Mosher requested that the California Environmental Quality Act (CEQA) determination
in the draft resolution be modified to identify that this determination is based on the State CEQA Guidelines.
There were no other public comments.
Zoning Administrator Wisneski indicated that Fact No. 4 of Finding C should be corrected to specify the hours
for which the class size will be limited and requested that a condition of approval be added to specify the
hours of operation from 5:00 a.m. through 9:30 p.m., daily. She also made a editorial change to Condition#8.
She moved to approve the application for the Minor Use Permit with these changes to the draft resolution.
Action: Approved
D. PUBLIC COMMENTS ON NON-AGENDA ITEMS
None.
E. ADJOURNMENT
The hearing was adjourned at 4:00 p.m.
The agenda for the Zoning Administrator Hearing was posted on Thursday, April 09, 2015, at 11:50
a.m. in the Chambers binder and on the digital display board located inside the vestibule of the
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NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 04/16/2015
Council Chambers at 100 Civic Center Drive and on the City's website on Thursday, April 09, 2015,
at 11:58 a.m.
/A",* -
red Wisneski, Al P, Zoning Administrator
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