HomeMy WebLinkAbout05-16-2019_ZA_Minutes
Page 1 of 4
NEWPORT BEACH ZONING ADMINISTRATOR MINUTES
100 CIVIC CENTER DRIVE, NEWPORT BEACH
CORONA DEL MAR CONFERENCE ROOM (BAY E-1ST FLOOR)
THURSDAY, MAY 16 2019
REGULAR MEETING – 3:00 P.M.
I. CALL TO ORDER – The meeting was called to order at 3:00 p.m.
Staff Present: Patrick J. Alford, Zoning Administrator
Rosalinh Ung, Senior Planner
David Lee, Assistant Planner
Liz Westmoreland, Assistant Planner
Joselyn Perez, Planning Technician
Liane Schuller, Consultant Planner
II. REQUEST FOR CONTINUANCES
The Zoning Administrator reported that staff requested Item Number 5 be continued to May 30, 2019.
III. APPROVAL OF MINUTES
ITEM NO. 1 MINUTES OF APRIL 11, 2019
Action: Approved
ITEM NO. 2 MINUTES OF APRIL 25, 2019
Action: Approved
IV. PUBLIC HEARING ITEMS
ITEM NO. 3 Annual Review of Uptown Newport Development Agreement No. DA2012-003
(PA2014-039)
Site Location: 4311-4321 Jamboree Road Council District 3
Rosalinh Ung, Senior Planner, provided a brief project description stating that this is an annual review of
Development Agreement (DA) for Uptown Newport Planned Community for the development of a mixed-use
residential project consisting of 1,244 residential units, two one-acre public parks, and 11,500 square feet of
retail uses. Ms. Ung provided information on the terms of the DA and a summary of development activities.
She concluded that the applicant is in good faith compliance with the terms and conditions of the DA and First
Amendment.
Applicant Tom Bitney, on behalf of Uptown Newport, LP, stated that he had reviewed the staff report and
concurs with the staff recommendation.
The Zoning Administrator opened the public hearing. Seeing that no one from the public wished to comment,
the public hearing was closed.
Action: Approved
MINUTES OF THE MEETING OF THE
NEWPORT BEACH ZONING ADMINISTRATOR 05/16/2019
Page 2 of 4
ITEM NO. 4 Tida Thai Day Spa Minor Use Permit No. UP2019-013 (PA2019-030)
Site Location: 3848 Campus Drive, Unit 105 Council District 3
Liz Westmoreland, Assistant Planner, provided a brief project description stating that the application is for a
minor use permit to allow massage use in an existing office suite. The name of the business includes “day spa,”
but the permit is actually for massage; no personal service restricted uses are proposed. Staff described hours
of operations and project characteristics.
Applicant Panutai, stated that she had reviewed the draft resolution and agrees with all of the required
conditions.
The Zoning Administrator asked the applicant what the rooms would be used for since there were only three
massage technicians and six treatment rooms. She explained that the rooms have to be cleaned after each
use, employees can quickly move to the next room for a new customer and it allows the customers to relax
after treatments and not rush out of the room to accommodate the following guests. She said there would be
three massage technicians and a receptionist.
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 asked staff if they had any concerns regarding parking
or if the applicant’s discussion of the use changed staff’s thoughts on the parking demand.
Ms. Westmoreland responded that staff compared the proposed use to an office use. Each of the proposed
massage rooms would typically be used by an individual person, resulting in a similar or higher demand than
the proposed massage use.
Action: Approved
ITEM NO. 5 Argent LLC Lot Merger No. LM2018-006 (PA2018-261)
Site Location: 1601 East Bay Avenue (APN 048 231 40 and 048 231 41)
Council District 1
Action: Continued to May 30, 2019, Zoning Administrator meeting
ITEM NO. 6 Ackerman Residence Coastal Development Permit No. CD2019-006 (PA2019-008)
Site Location: 2016 East Ocean Front Council District 1
Liane Schuller, Planning Consultant, provided a brief project description stating that the requested coastal
development permit (CDP) is to allow the addition of a 334-square-foot, attached storage area (bicycle garage)
and a 414-square-foot guest room above. A CDP is required because the additions exceed 10 percent of the
existing square-footage. Staff clarified that no kitchen facilities are proposed, and no public parking is being
removed in conjunction with the project.
Applicant representative Cole Becker 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
MINUTES OF THE MEETING OF THE
NEWPORT BEACH ZONING ADMINISTRATOR 05/16/2019
Page 3 of 4
ITEM NO. 7 Sessions Sandwiches Patio Expansion Coastal Development Permit No. CD2018-094
and Minor Use Permit No. UP2018-022 (PA2018-241)
Site Location: 2823 Newport Boulevard Council District 1
The Zoning Administrator asked staff to explain why the item is being heard by the Zoning Administrator, when
the approval of the previous minor use permit was made by the Planning Commission. Staff stated that the
Zoning Code specified that a change to an approved project may only be approved by the original review
authority for the project, which in this case is the Zoning Administrator.
David Lee, Assistant Planner, provided a brief project description stating that the application is for a minor use
permit and coastal development permit to add a 130-square-foot outdoor dining area to an existing restaurant.
The proposed outdoor dining area is located within an existing parking space and will result in a loss of one
parking space. Mr. Lee provided background for the restaurant including previous discretionary approvals. Mr.
Lee described the existing parking demand and the re-evaluated parking rate for the restaurant. There is no
intensification to the nonconforming parking lot. Mr. Lee described hours of operation and operating
characteristics. The addition of an outdoor dining area also requires a coastal development permit. Mr. Lee
stated that the restaurant is located a large distance from the beach or harbor and is not located near a public
viewpoint designated by the Coastal Land Use Plan. Staff requested that the Zoning Administrator add a
condition of approval specifying the type of alcohol license allowed (Type 41) and prohibiting the sale of alcohol
for off-site consumption. Staff also requested that the Zoning Administrator delete a condition of approval which
limited the service of alcohol to inside the establishment, since the Police Department has no objections to
alcohol service in the outdoor dining area.
The Zoning Administrator clarified with staff that the parking ratio for the restaurant would change from one
space per 40 square feet of net public area (N.P.A.) to one space per 44 square feet of N.P.A. The Zoning
Administrator questioned staff regarding the provided parking study’s winter time observation and how parking
would be affected the remainder of the year. Staff believes that the statistics provided in the study are
representative of the parking situation for the majority of the year.
Applicant Matt Meddock of Sessions Sandwiches stated that he had reviewed the draft resolution and agrees
with all of the required conditions.
The Zoning Administrator asked the applicant about fixed seating within the restaurant. Max Schlezer of
Sessions Sandwiches answered that half of the seats are fixed and the remaining half are movable tables and
chairs. The Zoning Administrator asked the applicant why there is one less parking space than what the
previous approval described in the parking lot. The applicant responded that the new black top faded, which
resulted in the previously striped out space re-appearing.
The Zoning Administrator opened the public hearing.
One member of the public, Brian Park, spoke and stated that he objected to the project due to the oversaturation
of alcohol in the neighborhood, as well as high crime rate. Mr. Park also expressed concern about the proposed
alcohol service on the patio and believes that the previous approval of alcohol service by the Planning
Commission intended to restrict service to inside of the establishment. Mr. Park requested that the application
be heard by the Planning Commission. Mr. Park suggested that the project be approved without alcohol service
on the patio or limited hours of alcohol service on the patio.
The Zoning Administrator asked Mr. Park about previous problems since the restaurant was permitted to sell
alcohol. Mr. Park stated that he had made multiple phone calls to the police regarding fights, noise issues, and
an illegal window installation.
The Zoning Administrator closed the public hearing.
The Zoning Administrator asked staff what the adjacent land uses are. Staff described the surrounding land
uses and stated that there is a mixture of commercial, mixed use and residential properties.
The Zoning Administrator asked staff if there is reconsideration of the proposed parking rate after the
information provided by the applicant. Staff stated that the parking ratio of one space per 44 N.P.A. is
MINUTES OF THE MEETING OF THE
NEWPORT BEACH ZONING ADMINISTRATOR 05/16/2019
Page 4 of 4
appropriate and that the parking study supports it. The Zoning Administrator asked staff if the restaurant’s use
create parking issues for the surrounding neighborhood. Staff believes that it would not.
The applicant provided the Zoning Administrator an e-mail from Police Chief Jon Lewis which clarified the
Police Department’s stance on the project.
Due to the Planning Commission’s previous placement of a condition of approval that restricted alcohol service
to inside of the restaurant, the Zoning Administrator referred the application to the Planning Commission.
Action: Referred to the Planning Commission
ITEM NO. 8 717 Marigold Partners, LLC Residential Condominiums Tentative Parcel Map No.
NP2019-002 (PA2019-041)
Site Location: 717 Marigold Avenue Council District 6
Joselyn Perez, Planning Technician, provided a brief project description stating that the request is for a tentative
parcel map for two-unit condominium purposes.
There had been a single-family residence which has been demolished and a new duplex is currently under
construction. The proposed development is consistent with zoning code including height, setbacks, parking,
and floor area. The project is consistent with the lot’s R-2 Zoning designation, which allows for two-unit
residential development.
The tentative parcel map would allow each unit to be sold separately as condominiums. There are no waivers
of the subdivision development standards. The project is located outside of the coastal zone and does not
require a coastal development permit.
A representative of the applicant, Buzz Person, stated via email that he had reviewed the conditions with his
client and approved of them.
The Zoning Administrator opened the public hearing. Seeing that no one from the public wished to comment,
the public hearing was closed.
Action: Approved
V. PUBLIC COMMENTS ON NON-AGENDA ITEMS
None.
VI. ADJOURNMENT
The hearing was adjourned at 3:38 p.m.
The agenda for the Zoning Administrator Hearing was posted on May 9, 2019, at 11:25 a.m. 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 May 9, 2019, at 11:20 a.m.
Patrick J. Alford
Zoning Administrator