HomeMy WebLinkAbout01_11-24-2021_ZA_Minutes - DRAFT
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NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM WEDNESDAY, NOVEMBER 24, 2021
REGULAR MEETING – 10:00 A.M.
I. CALL TO ORDER – The meeting was called to order at 10:00 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 Caitlyn Curley, Planning Technician II. REQUEST FOR CONTINUANCES Makana Nova, Senior Planner, reported that staff requested Item Numbers 4, 5 and 10 be continued to the
December 16, 2021, Zoning Administrator Meeting.
Michael Arciaga was present in-person to comment on Item No. 10 (Cappy’s Café). The Zoning Administrator opened the public hearing. Mr. Arciaga stated he was present to object to Cappy’s Café’s request. He
mentioned he was advocating on behalf of veterans and persons who have rights and protections under federal law, mainly the Americans with Disabilities Act (ADA), which he asserted Cappy’s Café is violating. Mr. Arciaga
discussed potential litigation with Cappy’s Café and other parties if needed.
The Zoning Administrator closed the public hearing. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF NOVEMBER 10, 2021 Action: Approved as Amended
IV. PUBLIC HEARING ITEMS ITEM NO. 2 The Mayor's Table Pacific Pub + Kitchen Limited Term Permit No. XP2021-020 and Coastal Development Permit No. CD2021-046 (PA2021-202) Site Location: 3300 Newport Boulevard Council District 1
Joselyn Perez, Assistant Planner, provided a brief project description stating that the request is for a limited term permit and coastal development permit to allow a 1,000-square-foot temporary outdoor dining patio for a term of up to one year. This approval will allow the relocation and expansion of the outdoor patio authorized
under an emergency temporary use permit from the lounge area adjacent to the restaurant to the wood deck adjacent to the westerly lawn area. The patio will cease operating by 10 p.m., consistent with the hours of
operation of the restaurant, and the patio will not displace any onsite parking. The patio will not impact the ability of the public to access the coast and will not impact coastal views. The project proposes the installation of a large tent like structure and has been conditioned accordingly to obtain a building permit if the applicant wishes to install the tent shown on the site plan.
Applicant Anthony Wrzosek of RD Olson, 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.
MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 11/24/2021
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Action: Approved ITEM NO. 3 Billy’s at the Beach Limited Term Permit No. XP2021-033 and Coastal Development Permit No. CD2021-063 (PA2021-248) Site Location: 2751 West Coast Highway Council District 3 Joselyn Perez, Assistant Planner, provided a brief project description stating that the request is for a limited term permit and coastal development permit to allow a 174-square-foot temporary outdoor dining patio for a term of up to one year. The request is a reduction in dining area from the initial 340-square-foot outdoor patio
approved under an emergency temporary use permit. The temporary patio is located along the waterfront side of the property, does not displace any onsite parking, and will cease operating by 9 p.m. The property is in the coastal zone and there are two public access easements on the site that provide pedestrian access to and along the coast. The first is a 6-foot-wide vertical access walkway along the easterly property line and the
second is a 6-foot by 12-foot horizontal walkway adjacent to the water. The project has been conditioned to maintain the easements free and clear of any encroachments that would hinder access
In response to the Zoning Administrator’s inquiry, Assistant Planner Perez clarified that the restaurant has permanent outdoor dining along the westerly side of the restaurant, and the outdoor dining is conditioned to cease operating at an earlier hour than the restaurant.
Leo Heydorff, of Surf City Doors, on behalf of the Applicant, added that during the week the restaurant operates
from 11 a.m. to 9 p.m. and on weekends from 11 a.m. to 12 a.m. with doors between the restaurant and patio closing at 9 p.m. Mr. Heydorff, then 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. 4 Inter-Pro Property Corporation Residence Lot Merger No. LM2021-004, Coastal Development Permit No. CD2021-033 and Staff Approval No. SA2021-008 (PA2021-183) Site Location: 518 and 520 Via Lido Nord Council District 1
Action: Continued to the December 16, 2021, Zoning Administrator Meeting ITEM NO. 5 Inter-Pro Property Corporation Residence Coastal Development Permit No. CD2021- 056 (PA2021-215) Site Location: 522 Via Lido Nord Council District 1
Action: Continued to the December 16, 2021, Zoning Administrator Meeting ITEM NO. 6 Bamboo Bistro Limited Term Permit No. XP2021-034 (PA2021-253) Site Location: 2600 East Coast Highway, Suite 160 Council District 6
Patrick Achis, Assistant Planner, provided a brief project description stating that the request is a limited term permit up to one year to allow an approximately 550-square-foot temporary outdoor dining patio. The temporary dining areas are located within three public parking spaces adjacent to the restaurant along Fifth Avenue and
the adjacent sidewalk. No traffic issues are anticipated with the continued use of the expanded dining area. To date, no complaints regarding the availability of parking have been received. Mr. Achis added a condition of approval regarding liability insurance, which was inadvertently omitted.
MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 11/24/2021
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Applicant Tyler Diep, 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 as Amended ITEM NO. 7 Sakae Sushi Temporary Outdoor Dining Tables Limited Term Permit No. XP2021-029 and Coastal Development Permit No. CD2021-058 (PA2021-225) Site Location: 123 23rd Street Council District 1
David Lee, Associate Planner, provided a brief project description stating that the request is for two dining tables located in the sidewalk area, including one table in front of the adjacent salon use. The limited term
permit is for a one-year duration and the outdoor tables were previously authorized by an emergency temporary use permit. The hours of operation for the restaurant are from 6:00 a.m. to 10:00 p.m. and the patio is conditioned to close at 10:00 p.m., daily. Mr. Lee discussed the process in the case the restaurant desired to make the patio permanent.
The Applicant, Song Kyung Sook of Sakee Sushi, was not present at the meeting. Mr. Lee stated that she had
reviewed the draft resolution and had no objections to the required conditions.
In response to the Zoning Administrator’s question, Mr. Lee confirmed that the applicant is able to apply for a permanent outdoor dining area through a sidewalk café permit, but it is unclear at this time if the applicant
desires to make the dining area permanent.
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. 8 Shorebird Restaurant Limited Term Permit No. XP2021-007 and Coastal Development Permit No. CD2021-037 (PA2021-185) Site Location: 2220 Newport Boulevard, Suite 101 Council District 1
David Lee, Associate Planner, provided a brief project description stating that the proposed outdoor dining patio is 350 square feet and is located within the Vue Newport development on the Balboa Peninsula. The request
for the patio is for a one-year duration and was previously authorized through an emergency temporary use permit. Mr. Lee stated that the outdoor patio is conditioned to close at 10:00 p.m., daily.
The Zoning Administrator requested that a condition of approval be added to the resolution, which states that
any pedestrian easement shall remain free and clear of obstructions. Applicant Heinrich Stasiuk of Shorebird 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 as Amended
MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 11/24/2021
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ITEM NO. 9 CDM Restaurant Limited Term Permit No. XP2021-030 and Coastal Development Permit No. CD2021-059 (PA2021-226) Site Location: 2325 East Coast Highway Council District 6 Makana Nova, Senior Planner, provided a brief project description stating that the applicant had reduced the proposed dining area to 385 square feet in area and is requesting approval of the dining area for a one-year term. Ms. Nova mentioned that several members of the public have called to verbally comment on this application, noting that unauthorized valet operations continue at this restaurant. A condition of approval has
been added, requiring the applicant to obtain a valet operation plan from the Public Works Department in order to utilize on-site valet. Valet operations are prohibited in the public right-of-way and off-site parking requires a conditional use permit to operate on a permanent basis. The applicant has indicated their intent to explore options and to cease valet operations for the time being. Further, the patio cover will require the approval of a
building permit.
Applicant Mathew Hardeman, on behalf of Corona del Mar Restaurant, stated that he had reviewed the draft resolution and agrees with all of the required conditions. They are exploring future options for valet off-site but do not intend to pursue valet at this time.
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. 10 Cappy’s Café Limited Term Permit No. XP2021-005 and Coastal Development Permit No. CD2021-036 (PA2021-180) Site Location: 5930 West Coast Highway Council District 2
Action: Continued to the December 16, 2021, Zoning Administrator Meeting
V. PUBLIC COMMENTS ON NON-AGENDA ITEMS
None. VI. ADJOURNMENT
The hearing was adjourned at 10:41 a.m.
The agenda for the Zoning Administrator meeting was posted on November 19, 2021, at 3:00 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 November 19, 2021, at 3:30 p.m.
Jaime Murillo Zoning Administrator