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HomeMy WebLinkAbout04-28-2016_ZA_Minutes NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 04/28/2016 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 Civic Center Drive, Newport Beach Corona del Mar Conference Room (Bay E-1st Floor) Thursday, April 28, 2016 REGULAR HEARING 3:30 p.m. A. CALL TO ORDER—The meeting was called to order at 3:30 p.m. Staff Present: Patrick J. Alford, Zoning Administrator Jim Campbell, Principal Planner Jason Van Patten, Assistant Planner Chelsea Crager,Assistant Planner B. APPROVAL OF MINUTES 1. Minutes of March 24, 2016 Action: Approved 2. Minutes of April 14, 2016 Mr. Jim Mosher requested that his public comment on Item No. 1 regarding Municipal Code Section 20.48.030(C)(4)(a) be revised. The Zoning Administrator agreed to amend the draft minutes. Action: Approved as Amended C. PUBLIC HEARING ITEMS At this juncture of the meeting, a request for a continuance of Item No. 6 was heard. ITEM NO. 1 710 Goldenrod Avenue Tentative Parcel Map No. NP2016-004 (PA2016-036) Site Location: 710 Goldenrod Avenue Council District 6 Chelsea Crager, Assistant Planner, provided a brief project description stating that the project is a tentative parcel map for two-unit condominium purposes that would allow each unit to be sold individually. The new condo project would conform to current Municipal Code and Title 19 standards and requirements, including the assessment of a park fee for the addition of one unit. Staff recommends approval of the project subject to conditions. Applicant Scott of Apex Land Surveying stated that he had reviewed the draft resolution and agrees with all of 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. Action: Approved ITEM NO. 2 601 Iris Avenue Tentative Parcel Map No. NP2016-005 (PA2016-037) Site Location: 601 and 601 1/2 Iris Avenue Council District 6 Chelsea Crager, Assistant Planner, provided a brief project description stating that the project is a tentative parcel map for two-unit condominium purposes that would allow each unit to be sold individually. The new Page 1 of 5 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 04/28/2016 condo project would conform to current Municipal Code and Title 19 standards and requirements, including Council Policy L-2. Staff recommends approval of the project subject to conditions. The Zoning Administrator inquired about Council Policy L-2 to which Ms. Crager clarified that the policy deals with driveway access on a street when alley access is available. The Zoning Administrator confirmed that the project has access from Third Avenue and asked if the current development has alley access. Ms. Crager stated she did not know if the previous development had alley access. Applicant Scott of Apex Land Surveying was present. The Zoning Administrator asked if the project would have access from Third Avenue and from the alley. The property owner, Matthew Watson of ADG Investments, answered that the existing development did not have access from the alley, and the proposed development will have two spaces accessible from Third Avenue and three spaces accessible from the alley. The Zoning Administrator confirmed that the development was consistent with Council Policy L-2. Applicant Scott of Apex Land Surveying, on behalf of the Owner Matthew Watson of ADG Investments, stated that he had reviewed the draft resolution and agrees with all of 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. Action: Approved ITEM NO. 3 19 Lochmoor Lane Lot Line Adjustment No. LA2015-008 (PA2015-223) Site Location: 19 Lochmoor Lane and 1 Big Canyon Drive Council District 5 Jason Van Patten, Assistant Planner, provided a brief project description stating that the request was for a lot line adjustment. He indicated that the proposal would shift the rear lot line at 19 Lochmoor Lane south to accommodate existing improvements that currently cross the property line. He noted that 522 square feet would be reallocated from the Big Canyon Drive Parcel to the Lochmoor Lane parcel. He stated there would be no change in density or intensity, no change in access to either property, and the number of parcels would remain the same. The Zoning Administrator asked for a description of the improvements that crossed the property line. Mr. Van Patten indicated that the improvements involved hardscape and a fence. He noted they were minor accessory structures. Applicant Rhonda Kreger, on behalf of the property owner, confirmed Mr. Van Patten's description. She further stated that she had reviewed the draft resolution and agrees with all of 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 suggested that Condition No. 3 specify the lot line adjustment exhibits be submitted to Public Works. Mr.Van Patten indicated language would be added to the resolution. Action: Approved ITEM NO.4 Araiya Thai Massage Minor Use Permit No. UP2016-009 (PA2016-038) Site Location: 333 Old Newport Boulevard, Suite A Council District 2 Page 2 of 5 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 04/28/2016 Jason Van Patten, Assistant Planner, provided a brief project description stating that the request was for a minor use permit for an independent massage establishment. He stated that the business would be located in a multi-tenant building, consist of three rooms for massage, be limited to a maximum of three massage therapists at one time, and operate between 10 a.m. and 9 p.m., daily. He noted that the applicant was requesting a waiver of location restrictions due to an existing massage therapist located approximately 400 feet from the premises. Mr. Van Patten noted that the recommended parking requirement was one space per 250 square feet based on the limits on the number of staff at one time and number of rooms for massage. He noted that the applicant was required to obtain an Operator's License Permit from the Police Department and that all massage therapists were required to be certified by the California Massage Therapy Council. Mr. Van Patten indicated at the conclusion of his presentation that certification was recommended as an additional condition of approval. He indicated that the waiver of location restrictions was appropriate given the property would be located in a managed building and was not in a blighted area. The Zoning Administrator suggested additional language to Condition No. 8 specifying massage services is limited to three rooms as depicted on the approved floor plans. Applicant Suwanna Laroque of Araiya Thai Massage stated that she had reviewed the draft resolution and agrees with all of the required conditions. She stated she understood the revisions to the conditions of approval. The Zoning Administrator opened the public hearing. Seeing that no one from the public wished to comment the public hearing was closed. Action: Approved ITEM NO. 5 Forte Kabob Minor Use Permit No. UP2016-011 (PA2016-043) Site Location: 2233 W. Balboa Boulevard, Suite 103 Council District 1 Jason Van Patten, Assistant Planner, provided a brief project description stating that the request was for a minor use permit for a new take-out service limited eating and drinking establishment. He stated the establishment would be located in a mixed-use building, serve Mediterranean food, and close by 11 p.m. He stated the proposal included a maximum of six seats, consistent with the Zoning Code. He added that the use did not result in an intensification of parking from the previous retail use. Applicant Chuck Woo, on behalf of the tenant, and AJ Satari, on behalf of Forte Kebob, stated that they had reviewed the draft resolution and agrees with all of 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. Action: Approved ITEM NO. 6 Annual Review of Development Agreement-North Newport Center(PA2009-023) Site Location: Fashion Island; Block 100, Block 400, Block 500, Block 600, and Block 800 of Newport Center Drive; and San Joaquin Plaza Council District 5 Jim Campbell, Principal Planner, on behalf of Ben Zdeba, Associate Planner, requested a continuance of this item per the applicant's request. The continuance was requested to the May 12, 2016, Zoning Administrator Hearing. The Zoning Administrator inquired if there was anyone at the hearing representing the project. Mr. Campbell stated there was not and that he had an email from Shawna Schaffner of CAA Planning, Inc. who represents Page 3 of 5 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 04/28/2016 Irvine Company, the applicant. He further questioned if there was a date certain for this continuance request to which Mr. Campbell clarified the request was for a continuance to the May 12, 2016, Zoning Administrator hearing. Action: Continued to May 12, 2016 ITEM NO. 7 City of Newport Beach Community Recreation Facility Minor Use Permit No. UP2016-013 (PA2016-048) Site Location: 868-870 West 16t" Street Council District 2 Chelsea Crager, Assistant Planner, on behalf of Ben Zdeba, Associate Planner, provided a brief description of the project stating that the project is a request for a large health and fitness facility to be used for community recreation classes within the Industrial (IG) Zoning District. She noted the tenant space is approximately 5,000 square feet with a lobby, conference room, offices, restrooms and two larger open "flex" spaces. She described the surrounding businesses and referenced conditions of approval related to the hours of operation, the amount of classes held per day as well as the amount of participants per class as operational conditions to help ensure compatibility with those surrounding businesses. She stated there will be sufficient parking to serve the use with a ratio of one parking space for each 200 square feet of gross floor area consistent with the condition of approval to stripe two additional parking spaces within the parking area. Zoning Administrator Alford noted Ms. Crager was not the assigned planner for this project, but questioned whether or not she was aware of any discussion regarding the adjacent industrial uses. She noted the staff report indicated the use would not compromise the character or tenant mixture of the industrial area. Zoning Administrator Alford appreciated the information and expressed concern regarding the adjacency to Hixson Metal Finishing. He requested the applicant provide a description of the day-to-day operation with respect to how long participants would be on-site. Mr. Sean Levin, Deputy Recreation and Senior Services Director of the City of Newport Beach, noted the typical class will run anywhere from 40 minutes to 60 minutes, maximum. He further noted that staff would not be there all day and clarified they would only be on-site when classes are occurring. Zoning Administrator Alford questioned whether or not this is more of a temporary facility than a permanent facility. Mr. Levin stated the intent of this is more of a temporary facility until the permanent West Newport Community Center is constructed. Zoning Administrator Alford stated he researched the adjacency to Hixson Metal Finishing prior to the hearing and found that Hixson had taken steps to mitigate any hazard and is working with the Air Quality Management District(AQMD)to abate those hazards. He added that the health threats caused by Hixson are for more long-term exposure; therefore, the anticipated short-term use of the facility and short-duration use of the facility throughout the day by participants and staff eases the concern and upholds the finding regarding public safety and health. Mr. Levin stated that he had reviewed the draft resolution and agrees with all of 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 Alford approved the project as submitted. Action: Approved D. PUBLIC COMMENTS ON NON-AGENDA ITEMS None. Page 4 of 5 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 04/28/2016 E. ADJOURNMENT The hearing was adjourned at 3:55 p.m. The agenda for the Zoning Administrator Hearing was posted on April 21, 2016, at 10:30 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 April 21, 2016, at 10:15 a.m. Patrick J. Alford Zoning Administrator Page 5 of 5