Loading...
HomeMy WebLinkAbout00_02-28-2017_ZA_Draft_Minutes_ NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 02/28/2017 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 Civic Center Drive, Newport Beach Corona del Mar Conference Room (Bay E-1st Floor) Tuesday, February 28, 2017 REGULAR HEARING 3:30 p.m. A. CALL TO ORDER—The meeting was called to order at 3:34 p.m. Staff Present: Patrick J. Alford, Zoning Administrator Benjamin M. Zdeba, Associate Planner Liz Westmoreland,Assistant Planner B. REQUEST FOR CONTINUANCES None. C. MINUTES of February 16, 2017 Action: Approved D. PUBLIC HEARING ITEMS ITEM NO. 1 Pitcher Modification Permit No. MD2016-017 (PA2016-205) Site Location: 1731 Bayport Way Council District 3 Liz Westmoreland, Assistant Planner, provided a brief project description stating that the application is for a modification permit to allow an addition of 23 percent to an existing single-family residence with nonconforming parking. The existing garage provides interior clear dimensions of 17 feet, 3 inches wide by 21 feet, 10 inches deep, whereas the Zoning Code requires minimum interior dimensions of 20 feet by 20 feet. Ms. Westmoreland provided background on the project including the annexation of the project area to the City in 1968. Ms. Westmoreland discussed alternatives to the project and the project's compliance with development standards. Lastly, staff recommended approval of Modification Permit No. MD2016-017 and provided a resolution with findings and conditions. Applicant Aldo Diaz of Creative Heights Designs, 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. 2 Fleming's Steakhouse Outdoor Dining Expansion Minor Use Permit No. UP2016-035 (PA2016-138) Site Location: 455 Newport Center Drive Council District 5 Benjamin M. Zdeba, Associate Planner, provided a brief project description stating that the applicant requested a minor use permit to allow the remodel of the Fleming's Prime Steakhouse restaurant, as well as the expansion of the existing outdoor dining area, in conjunction with the sales and service of alcohol. He noted the restaurant had been in operation since at least 1998. He clarified that the restaurant had received use permits and an outdoor dining permit as it opened prior to the current North Newport Center Planned Page 1 of 3 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 02/28/2017 Community (PC-56) Development Plan, which allows restaurants and outdoor dining by right within the Fashion Island Subarea. If approved, those prior entitlements would be superseded by this minor use permit. He added the hours of operation and overall number of seats would be reduced, and there would be no late hours (beyond 11 p.m.). Lastly, he stated that the Police Department had reviewed the application and provided no objection to the proposal, and clarified the Part One crimes listed for the property address in Attachment No. ZA 4 were vehicle-related and only tied to the address due to proximity. He indicated staff could make all required findings and,therefore, recommended approval of the application as submitted. Applicant Shawna Schaffner of CAA Planning on behalf of Bloomin' Brands, Inc. (the operator) and Irvine Company (the owner), stated that she had reviewed the draft resolution and agrees with all of the required conditions. She reiterated this application was for an expansion of an existing outdoor dining area at an existing restaurant. The Zoning Administrator requested clarification on the existing hours of operation with regard to a lunchtime operation. In response to his question, the applicant's representatives noted the restaurant currently offers lunchtime service for a limited number of private clubs. The proposed hours would allow a full-service lunchtime operation for the entire restaurant. Mr. Zdeba noted the applicant's requested hours varied day-to-day for a distinct lunchtime and dinnertime service. In order to simplify the hours of operation, staff recommended allowing a set range to give the applicant flexibility and to provide for easier enforcement. The Zoning Administrator opened the public hearing. One member of the public, Jim Mosher, expressed support for the requested outdoor dining area, as it would be located on private property as opposed to within the public right-of-way as well as the reduction in hours of operation. He noted the current later closing hour and questioned whether the existing operation maintained an operator license. Lastly, he commented on the amount of required parking for the expanded outdoor dining area. Mr. Zdeba stated the outdoor dining area is not considered gross floor area and, therefore, did not require additional parking. He did note, however, that the proposed project would reduce the overall number of seats from 321 to 314, and the number of required parking spaces is justified. He added that there is no existing operator license for the operation, as the requirement for an operator license did not come about until after the restaurant's last operational changes. There have been no changes since that time, which would require approval of an operator license. There were no other public comments. The Zoning Administrator expressed agreement with the facts in support of the findings presented in the draft Resolution, and approved the application as submitted. Action: Approved E. PUBLIC COMMENTS ON NON-AGENDA ITEMS None. F. ADJOURNMENT The hearing was adjourned at 3:42 p.m. Page 2 of 3 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 02/28/2017 The agenda for the Zoning Administrator Hearing was posted on February 24, 2017, at 9:45 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 February 24, 2017, at 10:05 a.m. Patrick J. Alford, Zoning Administrator Page 3 of 3