HomeMy WebLinkAbout20200924_ZA_MinutesMINUTES OF THE MEETING OF THE
NEWPORT BEACH ZONING ADMINISTRATOR 09/24/2020
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The Zoning Administrator asked the Applicant to briefly explain the design of the project. The applicant
described the different aspects of the design. The Zoning Administrator explained that the Balboa Village has
design guidelines and requested design revisions to be conditioned on the final resolution (bulkheads under
the windows, solid railing on second-level storefront, and awnings) to better comply with the design guidelines.
The Applicant agreed to the additional conditions of approval.
The Zoning Administrator opened the public hearing.
One member of the public, Jim Mosher, spoke and stated that Balboa Village Parking Management Overlay
District was recently approved by the Coastal Commission. Mr. Mosher questioned if there should be a
condition that limits the uses to certain commercial uses stated in the Balboa Village Parking Management
Overlay Plan.
Another member of the public, Shelly Catrelli, spoke and stated her concerns regarding the noise and traffic in
the alleyway that will be caused by the proposed project. The alley is already congested, and an additional
development project will affect the neighborhood economically, especially with the ongoing pandemic. She also
asked how long the construction process will take.
Another member of the public, Steven Zabona, spoke and stated his concerns related to the lack of studies
that would mitigate the potential impacts of the new mixed-use project. Mr. Zabona specifically asked about a
traffic study to analyze impacts to the street.
The Zoning Administrator clarified that all parking for new projects need to be accessed through alleys, if
available. Mr. Lee stated that Public Works has reviewed and supported the design. The Zoning Administrator
asked staff to add a condition of approval that prohibits certain uses which are more intensive for parking. The
Zoning Administrator discussed the parking situation during the summer season and off-season and why a
parking waiver can be supported. The Zoning Administrator explained the development’s increase in traffic
does not exceed the City’s threshold for a traffic study under the Traffic Phasing Ordinance. The Zoning
Administrator explained that conditions of approval are included to minimize construction impacts, and that
Code Enforcement is available if there are any complaints regarding construction practices.
The Zoning Administrator closed the public hearing.
Action: Approved as amended
ITEM NO. 5 Pham Wellness Building Minor Use Permit No. UP2019-057 (PA2019-261)
Site Location: 4463 Birch Street Council District 1
Liz Westmoreland, Associate Planner, provided a brief project description stating that the application is for a
minor use permit to allow variance personal services, restricted land uses as well as massage uses within an
existing commercial building near the airport. The existing building includes medical office, vacant space, and
standard professional office. The building is considered nonconforming because it does not provide the
minimum number of parking spaces per the Zoning Code. The intent with the conditions of approval are to
make sure that the parking does not become any more nonconforming than existing conditions. The ultimate
design of the tenant spaces may change, and staff-built flexibility into the minor use permit for this purpose.
The minor use permit includes a cap for the maximum amount of personal services, restricted land uses and
massage use that can be in the building. The Police Department reviewed the project and provided conditions
of approval. There is also a condition of approval that limits the maximum amount of square footage for uses
that require a parking rate of one space per 200 square feet of floor area.
The Zoning Administrator stated that the minor use permit provides flexibility and that there is a good amount
of parking provided on site. The Zoning Administrator asked if the conditions of approval Nos. 30-35 from Code
Enforcement and the Police Department applied to the massage uses or any personal service uses. Ms.
MINUTES OF THE MEETING OF THE
NEWPORT BEACH ZONING ADMINISTRATOR 09/24/2020
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Westmoreland stated that those conditions only apply to the massage uses and that staff can revise the
resolution to clarify that.
Applicant and Owner Linda Pham stated that she had reviewed the draft resolution and agrees with all of the
required conditions.
The Zoning Administrator opened the public hearing.
One member of the public, Mr. Jim Mosher, commented on the project asking if this site was included in the
recently approved Newport Airport Village Project which included residential uses.
The Zoning Administrator confirmed that the subject property was not included in the adjacent Newport Airport
Village project.
The Zoning Administrator closed the public hearing.
Action: Approved as amended
V. PUBLIC COMMENTS ON NON-AGENDA ITEMS
One member of the public, Mr. Mosher, commented about the City’s case log and suggested that it will be
easier for the Public if it is consistent.
VI. ADJOURNMENT
The hearing was adjourned at 11:09 a.m.
The agenda for the Zoning Administrator Hearing was posted on September 17, 2020, at 2:30 p.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 September 17, 2020, at 3:00 p.m.