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HomeMy WebLinkAbout01_11-10-2021_ZA_Minutes - DRAFT Page 1 of 7 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM WEDNESDAY, NOVEMBER 10, 2021 REGULAR MEETING – 10:00 A.M. I. CALL TO ORDER – The meeting was called to order at 10:06 a.m. Staff Present (Remote): Jaime Murillo, Zoning Administrator Makana Nova, Senior Planner David Lee, Associate Planner Patrick Achis, Assistant Planner Joselyn Perez, Assistant Planner Melinda Whelan, Assistant Planner II. REQUEST FOR CONTINUANCES None. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF OCTOBER 28, 2021 Action: Approved IV. PUBLIC HEARING ITEMS ITEM NO. 2 PAM Capital Management, Inc. Residential Condominiums Tentative Parcel Map No. NP2021-007 (PA2021-154) Site Location: 616 and 616 ½ Poinsettia Avenue Council District 6 The Zoning Administrator provided a brief description stating that the request was a standard application for a tentative parcel map for two-unit condominium purposes. A single-family residence has been demolished and a new duplex is currently under construction. No waivers of Title 19 (Subdivisions) are proposed. The Tentative Parcel Map would allow each unit to be sold individually. Applicant Matthew Watson, 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. 3 Fong Residence Coastal Development Permit No. CD2021-032 (PA2021-158) Site Location: 434 Via Lido Nord Council District 1 Melinda Whelan, Assistant Planner, provided a brief project description stating that coastal development permit to demolish an existing single-family residence and construct a new 3,244-square-foot, single-family residence including an attached 469-square-foot, two-car garage. The structure would reach a height of approximately 24 feet and includes two stories. The existing bulkhead is generally in good condition and will remain in place with minor alterations. The project also includes additional appurtenances such as site walls, fences, patios, landscaping, and drainage devices. The design complies with all development standards including height, setbacks, and floor area limit, and no deviations are requested. Ms. Whelan addressed a typographical error on the site plan showing removal of the neighbor’s stairs was an error and will be removed. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 11/10/2021 Page 2 of 7 Applicant Ron Ritner, Architect, on behalf of the Owner, stated that he had reviewed the draft resolution and agrees with all of the required conditions. He had worked with neighbor to address the typographical error and landscaping concerns. The Zoning Administrator opened the public hearing. One member of the public, Michelle Avallone, explained the error on the plans that were fixed and was concerned about the landscaping, which they will work out between neighbors. The Zoning Administrator closed the public hearing. Action: Approved ITEM NO. 4 The Quiet Woman Limited Term Permit No. XP2021-032 (PA2021-230) Site Location: 3224 East Coast Highway Council District 6 Melinda Whelan, Assistant Planner, provided a brief project description stating that the applicant proposes an approximately 478-square-foot (500-square-foot-maximum) outdoor dining area for up to a one-year term. A larger outdoor dining area (approximately 2,000 square feet) was previously authorized through Emergency Temporary Use Permit No. UP2020-113 (PA2020-204) for The Quiet Woman Restaurant. The outdoor dining area will be relocated and will only occupy one parking space where previously it occupied seven parking spaces. Applicant and restaurant Owner, Lynne Campbell stated that she 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. The Zoning Administrator made the following changes to the conditions: Condition of Approval No. 1 was revised to clarify the approved plans only consist of a site plan; and Condition of Approval No. 2 was revised clarifying the process for an extension. Action: Approved as amended ITEM NO. 5 IL Barone Ristorante Limited Term Permit No. XP2021-013 (PA2021-192) Site Location: 900 Bristol Street North Council District 3 Patrick Achis, Assistant Planner, provided a brief project description stating that the request is limited term permit to authorize a 1,100 square-foot expanded dining area previously authorized through Emergency Temporary Use Permit No. UP2020-092 (PA2020-177) for IL Barone Ristorante for up to a one-year term. Surface parking is provided on-site and the project will not decrease parking supply. When the limited term permit expires, the Applicant must cease temporary dining operations and would have 14 days to remove all improvements and revert the temporary dining area to prior landscape conditions. The Applicant would need approval of a conditional use permit from the Planning Commission to authorize the patio on a permanent basis, which would be a separate review and approval from this application. A written public comment was submitted to staff by Kimberly Woloson stating that if the total number of seats inside and patio dining do not exceed the current approved number of seats, she does not have an issue with the temporary outdoor dining area. However, if the additional 1,100 SF of patio seating is above the current approved seating capacity, Ms. Woloson stated she believed this will create an issue, especially at the lunch hour. Mr. Achis made several deletions to the Conditions of Approval, including Nos. 1, 2, 14, and 15, and replaced with clarifications that he read into the record. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 11/10/2021 Page 3 of 7 Applicant Donatella Barone, of IL Barone, stated that she 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 as Amended ITEM NO. 6 Bayside Restaurant Limited Term Permit No. XP2021-016 and Coastal Development Permit No. CD2021-044 (PA2021-198) Site Location: 900 Bayside Drive Council District 5 Patrick Achis, Assistant Planner, provided a brief project description stating that limited term permit and coastal development permit request to authorize a 1,000 square-foot expanded dining area previously authorized through Emergency Temporary Use Permit No. UP2020-048 (PA2020-127) for Bayside Restaurant for up to a one-year limited term. The project would reduce the existing size of the outdoor patio area by 1,500 square feet. The temporary dining area occupies 5 standard parking spaces; however, there would not be change to the number of seats, hours of operation or other operating characteristics. The project is located in the coastal zone, but does not provide nor inhibit coastal access. The temporary outdoor dining area is not located within the viewshed of public coastal viewpoints. Mr. Achis requested Fact in Support of Findings F.3 and F.4 be revised to correct a scrivener’s error. Mr. Achis made several deletions to the Conditions of Approval, including Nos. 1, 2, 14, and 15, and replaced with clarifications that he read into the record. Applicant Steve Rosansky, on behalf of the Bayside Restaurant, stated that he had reviewed the draft resolution and agrees with all of the required conditions. However, Mr. Rosansky requested to change the hours of the temporary outdoor area from 9 p.m. to 10 p.m., consistent with the hours of the existing permanent outdoor patio. The Zoning Administrator opened the public hearing. Seeing that no one from the public wished to comment, the public hearing was closed. In response to the Zoning Administrator’s question, Marc Ghoukassian, Applicant, explained that the restaurant closes daily at 10 p.m. with the exception of Fridays and Saturdays, where the restaurant closes at 11 p.m. In response to the Zoning Administrator’s question, Mr. Achis advised that there are nearby residential uses, such as Promontory Point, that may be of concern if the temporary outdoor dining hours extend until 10 p.m. The Zoning Administrator noted that the current use permit authorizes the existing permanent hours to 10 p.m. and that the request would reduce the temporary outdoor dining area by 1,500 square feet. As a result, the 10 p.m. closure request for the temporary outdoor patio area could be found acceptable. The restaurant is located on a downslope to the apartments and shielded by the apartments from the restaurant structure. The noise concern may apply to properties across Bayside Drive and the residences at the end of Harbor Island Drive. However, the permanent patio and temporary dining areas have been operating until 10 p.m. and there are no active complaints on file. The Zoning Administrator directed Mr. Achis to clarify Section 1 Fact 2, Fact in Support of Finding A.2 to state the project is a reduction of the previously authorized temporary dining square footage. He also called for Fact A.7 to be deleted as this is not applicable to the project. Condition of Approval No. 4 would need to be revised to reflect the 10 p.m. patio closure and Condition of Approval No. 5 would be amended to specify no use of live entertainment. In response to Mr. Rosansky’s question, the Zoning Administrator explained that the condition of approval regarding live entertainment applies to standard operating practices and a special events permit may authorize temporary exceptions for such activities. Action: Approved as Amended MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 11/10/2021 Page 4 of 7 ITEM NO. 7 Chihuahua Brewing Company, LLC Temporary Patio Limited Term Permit No. XP2021- 009 and Coastal Development Permit No. CD2021-038 (PA2021-187) Site Location: 3107 Newport Boulevard Council District 1 David Lee, Associate Planner, provided a brief project description stating that the request is for an 867-square-foot outdoor dining area. Mr. Lee described the location of the restaurant and discussed the previous authorization for the patio through an emergency use permit. Mr. Lee stated that the hours of operation for the restaurant are not affected by the proposed limited term permit, and that the patio is conditioned to close at 9:00 p.m. daily, have no amplification, and have a barrier that is required by the Alcohol Beverage Control. The Zoning Administrator clarified with staff that the previously authorized patio was 2,200 square feet, which is larger than the proposed patio. Applicant Michael Torres, on behalf of the Owner, stated that he had reviewed the draft resolution. Mr. Torres requested that the Zoning Administrator revise Condition of Approval No. 4 to allow a closing hour of 10:00 p.m., instead of 9:00 p.m., daily. Mr. Torres agreed with all of the remaining conditions. 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 Mr. Lee regarding the hours of operation for the restaurant and the temporary patio. Mr. Lee confirmed that the permanent patio is permitted to open until 10:00 p.m., while the previous Emergency Temporary Use Permit allowed the temporary patio to open until 9:00 p.m. The adjacent establishment Malarky’s, has a temporary outdoor patio of 10:00 p.m. The Zoning Administrator asked staff to revise Condition of Approval No. 4 to allow for a closing hour of 10:00 p.m., daily and to amend Condition of Approval No. 5, specifying no live entertainment Action: Approved as Amended ITEM NO. 8 The Bungalow Restaurant LLC Temporary Patio Limited Term Permit No. XP2021-012 and Coastal Development Permit No. CD2021-041 (PA2021-191) Site Location: 2441 East Coast Highway Council District 6 Joselyn Perez, Assistant Planner, provided a brief project description stating that the request is for a limited term permit and a coastal development permit to allow a temporary outdoor patio at the Bungalow restaurant for a period of up to a year. The Bungalow restaurant is located in Corona del Mar and is permitted to operate from 11 a.m. to 10 p.m. The patio will be located at the rear of the restaurant and will displace 4 parking spaces. The request represents a reduction in outdoor dining area from the original Emergency Temporary Use Permit (ETUP) patio which occupies six parking spaces. The temporary loss of parking spaces for the patio is not anticipated to create any negative traffic impacts as the restaurant leases a number of parking spaces on off- site lots within the neighborhood. The Zoning Administrator asked what the size of the current patio is. Assistant Planner Perez responded that the current patio is 800 square feet. The Zoning Administrator then stated that the current patio displaces most parking spaces in the rear and asked the applicant, Mr. Louie Feinstein of The Bungalow Restaurant, if the reduced patio will result in more available on-site parking. Mr. Feinstein answered that the canopy will be reduced on January 1st for the smaller patio, opening parking spaces which will be maintained for parking use. The Zoning Administrator stated that a public comment has been received that a DJ played within the patio and asked Mr. Feinstein if that did occur. Mr. Feinstein responded that, over the summer, a DJ had played for a private party until approximately 7 p.m. and he was aware that no live entertainment or amplified sound is allowed in the patio, but the private party had unfortunately brought the DJ in without the restaurant’s knowledge. The Zoning Administrator continued that the public comments also stated that employees of the restaurant are parking in the neighborhood rather than at the off-site lots, as required by the restaurant’s use permit. Mr. Feinstein responded that while the off-site lots are available for employees to park in, he can only encourage them to use the lot and cannot monitor where the employees actually park; however, he will remind his staff to use the off-site lot. Mr. Feinstein added that there are many restaurants within that one block on MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 11/10/2021 Page 5 of 7 East Coast Highway and it is possible that employees of the surrounding area are perhaps parking in the neighborhood and exacerbating the issue. Mr. Feinstein then stated that in order to offset the onsite parking lost by the temporary patio, The Bungalow has been leasing an additional 16 parking spaces from Farmers Merchant Bank for the last 8 months which is beyond the requirement of the restaurants use permit and is more than the spaces lost from the patio The Zoning Administrator opened the public hearing. One member of the public, Judy Wagner, spoke and stated that the restaurant agreed in past use permit approvals to valet park patrons in the Avocado lot as well as have employees park in the Avocado lot, yet they are not doing so. She stated that she had gone to the Avocado lot on a Friday to verify and the lot was empty. Ms. Wagner continued that while the restaurant may have not been notified prior to the DJ playing at the private party, it was their responsibility to shut it down once it began. The Zoning Administrator asked the Applicant if he would care to respond. Mr. Feinstein clarified that the valet service is shared with Rothschild’s restaurant and the service primarily parks in the Farmers bank lot now rather than the Avocado lot. The Avocado lot can be used, in the event the bank lot is full, and the other metered lot is full, however it is not the primarily lot and the valet service never parks patrons’ cars on the neighborhood street for a variety of reasons. Mr. Feinstein then apologized on behalf of the restaurant for the DJ and extended an offer to meet with Ms. Wagner in person to discuss any remaining concerns. The Zoning Administrator closed the public hearing. The Zoning Administrator asked Assistant Planner Perez to modify the resolution for the following: • Section 1 statement of Fact 2, clarify that this request is a reduction in size from the previous ETUP • Finding A, Fact 2, clarify that there is currently a larger temporary patio and this approval will only be for a smaller 550 sq ft patio • Finding F, Fact ,7 strike the fact entirely as it is not applicable • Condition of Approval No. 1, strike floor plan and building elevations as they are not in the plan • Condition of Approval No. 2, revise for consistency with the zoning code • Condition of Approval No. 5, add or “live entertainment” • Add a condition that the remaining 4 onsite spaces shall be kept clear and available for customer parking Action: Approved as Amended ITEM NO. 9 Lido Bottle Works LLC Limited Term Permit No. XP2021-024 and Coastal Development Permit No. CD2021-048 (PA2021-203) Site Location: 3408 Via Oporto, Suite 103 Council District 1 Makana Nova, Senior Planner, provided a brief project description stating that the applicant proposes an approximately 270-square-foot outdoor dining area for up to a one-year term. A larger outdoor dining area (approximately 2,000 square feet) was previously authorized through Emergency Temporary Use Permit No. UP2020-012 (PA2020-085) for Lido Bottle Works. The outdoor dining area will be relocated so it does not conflict with a 6-ft vertical and lateral pedestrian easement with access to the waterfront. The applicant’s representative, Rand Kruse, architect, 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. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 11/10/2021 Page 6 of 7 The Zoning Administrator made the following changes to the conditions: Condition of Approval No. 1 was revised to clarify the approved plans only consist of a site plan; and Condition of Approval No. 2 was revised clarifying the process for an extension. Action: Approved as Amended ITEM NO. 10 Foretti’s Limited Term Permit No. XP2021-028 and Coastal Development Permit No. CD2021-053 (PA2021-213) Site Location: 2929 East Coast Highway Council District 6 Makana Nova, Senior Planner, provided a brief project description stating that the applicant proposes an approximately 435-square-foot outdoor dining area for up to a one-year term. A larger outdoor dining area was previously proposed and staff had worked with the applicant to develop an alternative concept to ensure sufficient site circulation based on public comments received. The design would swap the ADA van accessible parking stall location with the dining area from the previously authorized through Emergency Temporary Use Permit No. UP2020-111 (PA2020-201) for Pirozzi, Corona del Mar (the prior restaurant name). Ms. Nova indicated that two public comment letters have been received from neighboring property owners indicating concerns about access to the site and the availability of parking in the area. Staff suggested the addition of a condition of approval prohibiting access or loading through the rear alley at 436 Heliotrope Avenue. The applicant’s representative, Edmond Bourke, 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. The Zoning Administrator made the following changes to the resolution: update the resolution revising the authorized dining area to reflect 435 square feet of area throughout, for Fact F7, remove the statement related to a $25,000 spending threshold, for Condition of Approval No. 1, strike-out floor plans and building elevations as it does not apply to this project, for Condition of Approval No. 2, add the following language after the expiration date “unless an extension is granted by the Zoning Administrator in compliance with Municipal Code Section 20.52.040.J (Extension of Limited Term Permit).”, and adding conditions that “Access or loading through the rear alley at 436 Heliotrope Avenue shall be prohibited.” and “All remaining parking shall remain free and available for customer parking.” Action: Approved as Amended ITEM NO. 11 A Restaurant Limited Term Permit No. XP2021-031 and Coastal Development Permit No. CD2021-060 (PA2021-228) Site Location: 3334 West Coast Highway Council District 3 Makana Nova, Senior Planner, provided a brief project description stating that the applicant proposes an approximately 1,000-square-foot outdoor dining area for up to a one-year term. The applicant had previously applied for Emergency Temporary Use Permit No. UP2020-016 (PA2020-087) for A Restaurant but the City and the applicant and City had not completed processing this request. The current application includes a modified design and would maintain a 26-foot drive aisle for the dining area at the rear of the property. The applicant’s representative, Jordan Otterbein, 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. The Zoning Administrator made the following changes to the resolution: for Fact F7, remove the statement related to a $25,000 spending threshold, Condition of Approval No. 1 strike-out floor plans and building MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 11/10/2021 Page 7 of 7 elevations as it does not apply to this project, and for Condition of Approval No. 2 add the following language after the expiration date “unless an extension is granted by the Zoning Administrator in compliance with Municipal Code Section 20.52.040.J (Extension of Limited Term Permit).” Action: Approved as Amended V. PUBLIC COMMENTS ON NON-AGENDA ITEMS None. VI. ADJOURNMENT The hearing was adjourned at 11:34 a.m. The agenda for the Zoning Administrator Hearing was posted on November 5, 2021, at 10:35 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 November 5, 2021, at 10:30 a.m. Jaime Murillo Zoning Administrator November 24, 2021, Zoning Administrator Agenda Comments Comments submitted by: Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229) Item 1. Draft Minutes of November 10, 2021 The following corrections are suggested: Page 1, Item 3, first sentence: “Melinda Whelan, Assistant Planner, provided a brief project description stating that the applicant is requesting a coastal development permit to demolish an existing single-family residence and construct a new 3,244-square-foot, single-family residence including an attached 469-square-foot, two-car garage.” Page 2, Item 5, sentence 1: “Patrick Achis, Assistant Planner, provided a brief project description stating that the request is for a limited term permit to authorize a 1,100 square-foot expanded dining area previously authorized through Emergency Temporary Use Permit No. UP2020-092 (PA2020-177) for IL il Barone Ristorante for up to a one-year term.” [note: It is unclear why the Italian word “il” is rendered in all caps here and in the item title. The applicant’s website suggests it is entirely lower case in the restaurant’s official name.] Page 2, Item 5, sentence 4: “A written public comment was submitted to staff by Kimberly Woloson stating that if the total number of seats for inside and patio dining do not exceed the current approved number of seats, she does not have an issue with the temporary outdoor dining area.” Page 3, paragraph 1: “Applicant Donatella Barone, of IL il Barone, stated that she had reviewed the draft resolution and agrees with all of the required conditions.” Page 3, Item 6, sentence 1: “Patrick Achis, Assistant Planner, provided a brief project description stating that this is a limited term permit and coastal development permit request to authorize a 1,000 square-foot expanded dining area previously authorized through Emergency Temporary Use Permit No. UP2020-048 (PA2020-127) for Bayside Restaurant for up to a one- year limited term.” Page 3, Item 6, sentence 3: “The temporary dining area occupies 5 standard parking spaces; however, there would not be change to the number of seats, hours of operation or other operating characteristics.” [?? Compared to the emergency permit, pre-pandemic operation or what ??] Page 5, end of Item 6, bullet 3: “Finding F, Fact ,7, strike the fact entirely as it is not applicable.” Page 6, Item 10, sentence 3: “The design would swap the ADA van accessible parking stall location with the dining area from the previously authorized through Emergency Temporary Use Permit No. UP2020-111 (PA2020-201) for Pirozzi, Corona del Mar (the prior restaurant name).” Page 6, Item 11, sentence 2: “The applicant had previously applied for Emergency Temporary Use Permit No. UP2020-016 (PA2020-087) for A Restaurant but the City and the applicant and City had not completed processing this request.” Zoning Administrator - November 24, 2021 Item No. 1a Additional Materials Received Draft Minutes of November 10, 2021 November 24, 2021, ZA agenda Item 1 comments - Jim Mosher Page 2 of 2 Note: Chapter 1.28 of the NBMC, a chapter adopted by Ordinance No. 2020-3 on February 11, 2020, and in effect since March 12, 2020, requires anyone who is paid to appear before the Zoning Administrator and is not the applicant, a regular employee of the applicant or a licensed architect or engineer explaining their own work to register as a lobbyist, subject to fines and penalties for non-compliance, both intentional (up to $5,000 per violation) and non-intentional (up to $1,000 per violation). Paid lobbyists must register within 10 days of being retained as such and must, within 10 days, disclose any change in “The legislative, quasi-judicial or administrative action or decision with respect to which the lobbyist has been employed, retained or engaged” (which must be described on the form supplied by the City Clerk), and renew their registration annually if remain engaged. There ae only four lobbyists or lobbying firms currently registered with the City (Madaffer Enterprises, Inc., Ed Selich, Shawna Schaffner, and Shute, Mihaly & Weinberger LLP), only two of whom (Madaffer Enterprises, Inc. and Shute, Mihaly & Weinberger LLP) have disclosed the matter they are lobbying with regard to (short-term lodging ordinance). The present minutes refer to Matthew Watson, Steve Rosansky, Michael Torres and Edmond Bourke, all of whom may be paid lobbyists. None of them have registered as of November 22. Zoning Administrator - November 24, 2021 Item No. 1a Additional Materials Received Draft Minutes of November 10, 2021