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HomeMy WebLinkAbout00 - 09-15-2016_ZA_Draft_Minutes NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 09/15/2016 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 Civic Center Drive, Newport Beach Corona del Mar Conference Room (Bay E-1st Floor) Thursday, September 15, 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 David Lee, Planning Technician Melinda Whelan,Assistant Planner B. REQUEST FOR CONTINUANCES C. MINUTES of August 25, 2016 Action: Approved D. PUBLIC HEARING ITEMS ITEM NO. 1 Newport Harbor Yacht Club Limited Term Permit No.XP2016-006 (PA2016-135) Site Location: 720 West Bay Avenue between 7th and 8th Street on the Balboa Peninsula Council District 1 Jim Campbell, Principal Planner, provided a brief project description stating the request is for a Limited Term Permit for more than 90 days for the installation of temporary land and water facilities to provide yacht club services during the demolition and construction of the Newport Harbor Yacht Club. The temporary facilities were approved last year in Planned Development Permit No. PL2012-002. Several temporary modular office buildings and a kitchen facility will be installed on the eastern side of the site to support continued club activities. The docks will be modified to allow for the mooring of an 80-foot boat for a temporary clubhouse. A small office will also be installed in the western boat storage yard to support continued boating activities. The installation was approved by the Coastal Commission when the clubhouse replacement project was considered earlier in 2016.The facilities will be installed later this year or early 2017, and will be used through the 18-month construction period of the new clubhouse. All the temporary facilities will be removed after completion of the new clubhouse. Principal Planner Campbell noted that all findings can be made and are listed in a draft resolution for consideration. The Zoning Administrator opened the public hearing. The Zoning Administrator indicated that zoning authority ends at the bulkhead line and that permitting of the dock modifications and the mooring of the boat to be used as a clubhouse rested with the Harbor Resources Division. He indicated his intent to add a condition of approval requiring all water-side improvements be approved by the Harbor Resources Manager. Principal Planner Campbell indicated that Chris Miller, Harbor Resources Manager, had reviewed the project in preparation for the hearing and indicated to staff his conceptual approval. A representative of the Newport Harbor Yacht Club stated the applicant had reviewed the draft resolution and agrees with all of the required conditions including the need to obtain all permits or approvals from the Harbor Resources Division. Seeing that no one from the public wished to comment the public hearing was closed. Page 1 of 4 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 09/15/2016 Action: Approved staff's recommendation with the inclusion of a new condition requiring the applicant to obtain all applicable approvals and/or permits from the City's Harbor Resources Division for the mooring of the temporary clubhouse vessel. ITEM NO.2 217 Marguerite Avenue Condominiums Tentative Parcel Map No. NP2016-009(PA2016-103) Site Location: 217 Marguerite Avenue Council District 6 David Lee, Planning Technician, provided a brief project description stating that a tentative parcel map is requested for 217 Marguerite Avenue. The lot is zoned as two-unit residential in Corona del Mar. An existing duplex was demolished and will be replaced by a new duplex.The tentative parcel map would allow each unit to be sold separately as condominiums. There are no waivers of the subdivision development standards proposed. Mr. Lee stated that the proposed two-unit duplex will be built to requirements of the Zoning Code and that staff believes the findings for approval could be made. Applicant Buzz Person 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. 3 129 34th Street Condominiums Tentative Parcel Map No. NP2016-011 (PA2016-104) Site Location: 129 34th Street Council District 1 David Lee, Planning Technician, provided a brief project description stating that a tentative parcel map is requested for 129 34TH Street. The lot is zoned as two-unit residential in Corona del Mar. An existing single- family residence was demolished and will be replaced by a new duplex. Due to the increase in dwelling units, a park fee shall be assessed prior to the recordation of the parcel map. The tentative parcel map would allow each unit to be sold separately as condominiums. There are no waivers of the subdivision development standards proposed. Mr. Lee stated that the proposed two-unit duplex will be built to requirements of the Zoning Code and that staff believes the findings for approval could be made. Applicant Buzz Person 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. 4 429 Snug Harbor Modification Permit No. MD2016-011 (PA2016-132) Site Location: 429 Snug Harbor Road Council District 3 Melinda Whelan, Assistant Planner, provided a brief project description stating that the request is for a modification permit for a 21 percent addition to an existing nonconforming single-story, single-family dwelling. The dwelling is nonconforming because the garage provides 17-feet, 6-inches wide by 20 feet deep where the Code requires 20-feet by 20-feet for a two-car garage. The house was built to Code in 1947 and due to the Code update the garage has become nonconforming. The 370-square-foot addition would create a new master bedroom and bathroom. Adding to the width of the garage would create significant structural requirements, greatly increase the cost of the project, and reduce the existing laundry room area. The Page 2 of 4 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 09/15/2016 existing garage has been sufficient with providing two-car parking with no impacts to the neighborhood and the addition would not cause any deviations. Staff was able to make all of the required findings and recommends approval to the Zoning Administrator. Ms. Whelan concluded that the applicant was present, had reviewed the draft resolution and conditions, and was available for questions. Applicant John Maurer of Maurer Building and Design, on behalf of the Owner, 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. 5 Vacancy Coffee Bar Minor Use Permit No. UP2016-034(PA2016-136) Site Location: 6480 W. Coast Highway Council District 2 Melinda Whelan, Assistant Planner, provided a brief project description stating that the request is for a minor use permit to allow the operation of a 500-square foot take-out service, limited eating and drinking establishment in the form of a coffee bar. The project would convert a portion of an existing office building into a coffee shop with 6 seats maximum, no late hours and no alcohol service. Existing parking is sufficient to provide for the new use which is the same parking requirement as general office and retail. The use is allowed within the Commercial General Zoning District. The proposed hours of operation are 7:30 a.m. to 3:30 p.m. daily; however staff is recommending 7:00 a.m. to 9:00 p.m. daily, to allow flexibility. Staff was able to make all of the required findings and recommends approval to the Zoning Administrator. Ms. Whelan concluded that the applicant was present, had reviewed the draft resolution and conditions,and was available for questions. Applicant Oliver Williams of Vacancy Coffee 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.6 Vibe Organic Kitchen &Juice Minor Use Permit No. UP2016-036(PA2016-140) Site Location: 1000 Bristol Street, Suite 28 Council District 3 Melinda Whelan, Assistant Planner, provided a brief project description stating that the request is for a minor use permit to allow the operation of a juice bar and cafe. The establishment would occupy an existing space within a commercial shopping center which is zoned for this type of use. The additional required parking is provided for in the existing parking lot. There are no late hours proposed and seating will allow up to 20 patrons with a new kitchen and restroom. Staff was able to make all of the required findings and recommends approval to the Zoning Administrator. Ms. Whelan recommended an additional condition of approval, Condition No. 7 that states: Prior to issuance of Building Permits, a Fair Share fee shall be assessed pursuant to Municipal Code Section 15.38 and paid by the applicant. This condition was discussed with applicant prior to the hearing. Ms. Whelan concluded that the applicant was present, had reviewed the draft resolution and conditions, and was available for questions. The Zoning Administrator confirmed that the added condition is a standard requirement by the Code. Page 3 of 4 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 09/15/2016 Applicant Josh Leibowitz of Vibe Organic Kitchen&Juice stated that he had reviewed the draft resolution and conditions and asked if the Fair Share fee would be the amount as discussed prior to the hearing. Ms. Whelan confirmed that it would and the Fair Share fee would be assessed as per the discussion with the City Traffic Engineer and per the Ordinance. Mr. Leibowitz asked staff to confirm if the Fair Share fee is required because of the change of use. Ms. Whelan confirmed that the intensification of use requires the fee. Mr. Leibowitz also questioned if the Vacancy Coffee Bar, Item No. 5, will be required to pay the Fair Share fee. Ms. Whelan explained that the take-out service, limited eating and drinking establishment is not considered an intensification of use from general retail and therefore does not trigger the fee requirement. The Zoning Administrator opened the public hearing. Seeing that no one from the public wished to comment the public hearing was closed. Action: Approved E. PUBLIC COMMENTS ON NON-AGENDA ITEMS None. F. ADJOURNMENT The hearing was adjourned at 3:49 p.m. The agenda for the Zoning Administrator Hearing was posted on September 9, 2016, at 12:05 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 September 9, 2016, at 12:15 p.m. Patrick J.Alford,Zoning Administrator Page 4 of 4