Loading...
HomeMy WebLinkAbout00 - Draft Minutes NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 07/16/2015 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 Civic Center Drive, Newport Beach Corona del Mar Conference Room (Bay E-1st Floor) Thursday, July 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 Jason Van Patten,Assistant Planner Benjamin Zdeba,Assistant Planner B. MINUTES of June 25,2015 Action: Approved C. PUBLIC HEARING ITEMS ITEM NO. 1 1114 E. Balboa Boulevard Lot Merger (PA2015-098) Site Address: 1114E. Balboa Boulevard Council District 1 Jason Van Patten, Assistant Planner, provided a brief project description stating that the request was to merge three (3) parcels into one (1) parcel. He indicated that the property was originally developed as a single building site with a single-unit dwelling that was constructed across three (3) parcels. He noted that the application included a request to waive the requirement for a tentative parcel map on the basis that less than three (3) parcels were being eliminated. He noted that the parcels in question were under common ownership and that the merged lot would comply with the Zoning Code requirements for lot width and depth. Applicant John Garcia, 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 had five (5) comments. He asked for clarification regarding the relevance of bullet point number four (4) of the staff report under "discussion," suggested clarification regarding the first statement of facts contained in the resolution, suggested that the CEQA exemption reference Class 5 instead of 15, indicated that it would be helpful to know what the resulting density would be following the merger as it relates to fact three (3) of finding C, and asked that staff acknowledge the merger when the project is sent to Coastal Commission for review. There were no other public comments. Zoning Administrator Wisneski inquired as to what initiated the application for the lot merger. Mr. Garcia indicated that the merger was necessary to allow any remodel because of the location of the structure across lot lines. The Zoning Administrator determined the project was appropriate and approved the lot merger. Action: Approved Page 1 of 4 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 07/16/2015 ITEM NO.2 Choco Fruit Minor Use Permit(PA2015-103) Site Address: 2233 W. Balboa Boulevard, Suite 110 Council District 1 Jason Van Patten, Assistant Planner, provided a brief project description stating that the project was for a take-out service, limited, eating and drinking establishment that would serve pastries and assorted beverages. He noted that there would be no late hours, no alcohol service, and that the operation would comply with the requirement not to exceed six (6) seats. He added that the use would be located within a mixed-use building, parking was available on-site, and that the proposed use would be similar to adjacent eating and drinking establishments. Applicant Rasha Albasha, on behalf of Choco Fruit, 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. The Zoning Administrator indicated that the conditions of approval were appropriate and that the location was suitable, and approved the minor use permit. Action: Approved ITEM NO.3 Breakers Lot Line Adjustment (PA2015-105) Site Address: 3150 and 3200 Breakers Drive Council District 6 Benjamin Zdeba, Assistant Planner, provided a brief project description stating that the proposed lot line adjustment would move a 12-foot portion of the interior lot line between two(2)abutting properties to the west by 4 feet to reflect an existing spa and related walls that were constructed across the property line in the late 1970s or early 1980s. He further added that the lot width will not change nor will the change be apparent from either frontages of the property. Apex Land Surveying, Inc., on behalf of the property owners, 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 questioned whether or not the spa and walls were subject to setback requirements as well as whether or not the proposed adjustment would make either property more nonconforming. There were no other public comments. Mr. Zdeba addressed Mr. Mosher's comment and stated there were no setbacks applicable to an in-ground pool and/or spa within the Zoning Code. He also added that 6-foot tall walls are permitted within required side setback areas. Zoning Administrator Wisneski stated that the spa was reviewed with the benefit of a building permit and approved the lot line adjustment. Action: Approved ITEM NO. 4 Annie Ko Acupuncture Minor Use Permit (PA2015-051) 200 Newport Center Drive, Suite 203 Council District 5 Benjamin Zdeba, Assistant Planner, provided a brief project description stating that the request was for a minor use permit to establish a Personal Services, Restricted use within the Office Regional Commercial Page 2 of 4 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 07/16/2015 (OR)Zoning District. He provided more detail regarding the parking requirement, noting that the previous and proposed uses have the same parking requirement and further stated that the draft resolution for approval contains conditions of approval to limit the operation and help prevent any detriment to the area. Applicant Yumui Ko 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 stated that the applicant's submitted materials indicated the proposed use would be a medical center. There were no other public comments. Mr. Zdeba addressed Mr. Mosher's comment and stated that Chapter 20.70 (Definitions) of the Zoning Code places acupuncture beneath the definition for a Personal Services, Restricted land use. The Zoning Administrator determined the project was appropriate and approved the lot merger. Action: Approved ITEM NO. 5 Smallcakes Cupcakery Minor Use Permit (PA2015-099) 208 Marine Avenue Council District 5 Benjamin Zdeba, Assistant Planner, provided a brief project description stating that the request was for a minor use permit to establish a take-out service, limited eating and drinking establishment. He provided a detailed description of the project site, identifying the existing development as a mixed-use structure. It was noted that the proposed use would occupy the front retail tenant space as well as the rear ground floor unit for the purposes of baking and preparing the baked goods for sale to patrons. He also added that the use would not be open during late hours nor would it engage in the sale or service of alcohol and that the proposed use maintains the same parking requirement as the previous retail sales use. Applicant John Hartwig stated that he had reviewed the draft resolution and the required conditions. Zoning Administrator Wisneski discussed deliveries and hours of operation with the applicant. Mr. Hartwig indicated deliveries are anticipated to occur once a week and that the baking would occur between the hours of 7:00 and 9:00 a.m. Zoning Administrator Wisneski noted that the conditions of approval should reflect the earlier opening hour. The Zoning Administrator opened the public hearing. One member of the public, John De Frenza, stated that his wife was a business owner near the proposed location and expressed support for the project. Discussion ensued regarding power washing of the sidewalk and whether the City or the business association was responsible for this maintenance. He also added that a later closing hour should be considered on the weekends given the seasonal shift in patronage due to visitors to the area. There were no other public comments. With the changes to the conditions of approval regarding hours of operation for an earlier baking and preparation opening hour and a later closing hour on weekends, Zoning Administrator Wisneski approved the Minor Use Permit. Action: Approved Page 3 of 4 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 07/16/2015 D. PUBLIC COMMENTS ON NON-AGENDA ITEMS Mr. Mosher commended City staff for posting administrative decisions on the website, but pointed out that nothing had been posted since June 26'". The Zoning Administrator explained that there has not been anything to post since then. E. ADJOURNMENT The hearing was adjourned at 3:52 p.m. The agenda for the Zoning Administrator Hearing was posted on July 9, 2015, at 10:15 a.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 July 9, 2015, at 10:20 a.m. Brenda Wisneski, AICP, Zoning Administrator Page 4 of 4