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HomeMy WebLinkAbout20171116_ZA_MinutesNEWPORT BEACH ZONING ADMINISTRATOR MINUTES 11/16/2017 Page 4 of 5 ITEM NO. 6 The Crab Cooker Restaurant Minor Use Permit No. UP2016-029 and Coastal Development Permit No. CD2017-069 (PA2016-112) Site Location: 2200 and 2202 Newport Boulevard Council District 1 Ben Zdeba, Associate Planner, provided a brief project description stating that the request was for a coastal development permit and minor use permit to allow the reconstruction and continued operation of an existing nonconforming structure and restaurant use. He indicated the restaurant commenced operation at this location in the 1950s, prior to the establishment of parking requirements. He clarified the Zoning Code allows the replacement of an existing nonconforming building that is involuntarily damaged beyond 75 percent of its replacement cost when the reparation work is pursued within 12 months of the damage and a use permit is obtained. In this case, the adjoining development (Vue Newport) inadvertently damaged the Crab Cooker Restaurant’s foundation while constructing its own foundation. He stated the applicant’s team had diligently been pursuing repair of the damage since it occurred in 2014. The extent of the repair work requires the entire building to be upgraded to current Building Code requirements. Mr. Zdeba described the operation of the restaurant as a continued operation of the existing condition, but stated new floor plan would include a trash enclosure, improved storage areas, and an outdoor dining area. He clarified that the intent was to maintain the existing operational conditions including the hours and State Department of Alcoholic Beverage Control license Type 41. He clarified a staff error noting the closing hour as 10 p.m. whereas the existing restaurant does not close until 11 p.m. The Police Department reviewed the application and had no objection to the 11 p.m. closing hour. Mr. Zdeba stated the applicant requested changes to proposed Condition of Approval Nos. 10, 11 and 12. Condition of Approval No. 10 was recommended to be changed to reflect the later closing hour of 11 p.m. Condition of Approval No. 11 was recommended to be changed to clarify the outdoor dining area shall remain open in nature at all times the restaurant is in operation. Condition of Approval No. 12 was recommended to be changed to allow modified delivery and refuse collection hours consistent with the Zoning Code allowance and given the location is in a mixed-use zoning district. Lastly, he added the proposed project complies with all requirements of Title 21 (Local Coastal Program Implementation Plan). Applicant’s representative, Marice DePasquale, on behalf of the Crab Cooker Restaurant, stated that she had reviewed the draft resolution and agrees with all of the required conditions. She stated the proposed design maintains some of the unique design elements that keep the charming look to the new building. Zoning Administrator Alford stated the building was once the Bank of Italy and subsequently the Bank of America building. He questioned whether there would be any of the moldings that represented the old bank logo on the new building. Ms. DePasquale expressed there was a possibility and noted the design team is doing its best to maintain the character of the existing older building. The Zoning Administrator opened the public hearing. Jim Mosher stated the incorrect closing hour was noted elsewhere in the Resolution and suggested Condition of Approval No. 12 be changed from “may” to “will” with respect to a request for deliveries and refuse collection outside of the designated hours. He also expressed concern that an outdoor dining area is being added without additional parking and that the outdoor dining area does not appear to actually be outdoor based on his review of the elevation. There were no other public comments. Mr. Zdeba acknowledged the changes to the incorrect hours throughout the Resolution as well as the suggested change to Condition of Approval No. 12. He stated there is no clear definition for an outdoor dining area, but that it is an area that is generally open in nature and does not have an all-weather enclosure. He clarified the proposed design will not have windows. In relation to the parking requirement, Mr. Zdeba stated the Zoning Code allows up to 25 percent of the interior net public area to be added as outdoor dining area NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 11/16/2017 Page 5 of 5 without any additional parking required. He added that the intent of this was to allow an additional opportunity for patrons of the restaurant to be seated outdoors and enjoy the open air environment. There would infrequently be occasions where both the outdoor dining and the interior dining areas are at capacity at the same time. Ms. DePasquale and the designer, Steve Hopkins, commented on the design of the outdoor dining area noting the low-height wall with a band of glass above to help prevent passing of alcoholic beverages. They stated the outdoor dining area would not be enclosed. Zoning Administrator Alford reinforced the intent of the allowance for outdoor dining areas without additional parking as required by the Zoning Code. He confirmed staff felt the proposed Conditions of Approval were adequate in relation to reviewing the design of the outdoor dining area to ensure it is open in nature. He agreed with the recommended changes and approved the project. Action: Approved E. PUBLIC COMMENTS ON NON-AGENDA ITEMS Jim Mosher commented on the four coastal development permits for new residences at the meeting. He noted that the proposed building plans for each residence reach the maximum height allowed of 29 feet. Mr. Mosher continued that if every new home in the city were built to this maximum, although the property owners have the right to do so, the character of the City could change. Mr. Mosher closed by saying the community has concerns about this potential change in the City’s character. The Zoning Administrator responded that each project is reviewed for consistency with the Coastal Act, as implemented through the City’s Local Coastal Program. On an individual basis, projects are reviewed to ensure there are no significant impacts to coastal views or the overall visual quality of the Coastal Zone. F. ADJOURNMENT The hearing was adjourned at 4:08 p.m. The agenda for the Zoning Administrator Hearing was posted on November 9, 2017, at 10:54 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 November 9, 2017, at 11:07 a.m. Patrick J. Alford, Zoning Administrator