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NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM THURSDAY, DECEMBER 16, 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 Benjamin Zdeba, Senior Planner
Chelsea Crager, Associate Planner David Lee, Associate Planner
Liz Westmoreland, Associate Planner Melinda Whelan, Assistant Planner Caitlyn Curley, Planning Technician
II. REQUEST FOR CONTINUANCES None.
III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF NOVEMBER 24, 2021 Action: Approved
IV. PUBLIC HEARING ITEMS ITEM NO. 2 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 ITEM NO. 3 Inter-Pro Property Corporation Residence Coastal Development Permit No. CD2021-056 (PA2021-215) Site Location: 522 Via Lido Nord Council District 1
Melinda Whelan, Assistant Planner, provided a brief description stating that the project is for a lot merger and
coastal development permit to allow the demolition of two single-family residences at 518 Via Lido Nord (Lot 500) and 520 Via Lido Nord (Lots 501 and 502), the merger of two lots under common ownership (Lots 500 and 501) to create a single parcel, and the construction of a 6,091-square-foot, two-story, single-family residence including an attached 803-square-foot, four-car garage. The merged lot and new development
will retain the address of 520 Via Lido Nord. The remaining Lot 502 will be assigned the new address of 522 Via Lido Nord and will be developed with an additional single-family dwelling under a separate coastal
development permit (PA2021-215 for CD2021-056). The project includes reinforcing and raising an existing bulkhead. Additionally, a request for a staff approval is included for grade establishment within the front yard area along the water on the existing 520 Via Lido Nord property (Lots 501 and 502).
The original hearing was scheduled on November 24, 2021, however staff received comments questioning the jurisdictional boundary as it relates to the bulkheads and a concern that the houses should be processed
under one coastal development permit. Staff needed time to research and consult with Coastal Commission staff and continued the hearing to this meeting. Staff was able to work with Coastal Commission staff to determine if the reinforcement and raising of the
bulkheads would remain under the City’s permitting jurisdiction. Both resolutions include conditions of
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approval (No. 11 for 520 Via Lido Nord [PA2021-183] and No. 10 for 522 Via Lido Nord [PA2021-215]) to ensure project implementation results in no net loss of units. It was also confirmed the best method for processing two separate houses would be under two Coastal Development Permits and Resolutions.
Public comments received from Mr. Jim Mosher include typographical errors, clarification on the continuance from November 24th and also errors related to the public access mentioned in facts in support of findings addressed in a revised resolution. Additionally, there is a correction regarding the coastal hazards report, where the estimated sea level rise
should be 10.7 feet North American Vertical Datum of 1988 (NAVD88) with the minimum required bulkhead of 10.9 feet (NAVD88) per the adopted Harbor Design Criteria. The conclusion of the findings remain that the raised bulkheads of 11.19 feet (NAVD88) at 522 Via Lido Nord and 12.30 feet (NAVD88) for 520 Via Lido Nord will protect the projects for the 75-year economic life of the developments (Finding G in PA2021-183’s resolution and Finding A PA2021-215’s resolution).
In PA2021-183’s resolution, in Finding G, corrections were made to facts regarding public access. Under PA2021-215’s resolution, Finding B.2 facts corrected a typographical error describing vertical and lateral access to beach along the bay.
Applicant Anne Fox of MIG, on behalf of the Owner, stated that she had reviewed the draft resolution and agrees with all of the required conditions.
The Zoning Administrator opened the public hearing for Item Nos. 2 and 3. One member of the public, Jim Mosher, spoke and asked for clarification on the revised resolution posted for
public review, inquired about the direction written from Coastal Commission on jurisdictional rule for bulkheads, and reminded the applicants that the City of Newport Beach requires a lobbyist registration requirement.
The Zoning Administrator closed the public hearing.
The Zoning Administrator explained that per the Coastal Commission jurisdiction agreement in 2018, the City
has a matrix based on guidance from Coastal Commission staff that instructs who maintains jurisdiction depending on different scenarios. The most recent email from Amber Dobson, Coastal Commission District
Manager, explains that the City will continue to utilize the coastal development permit process in place and the City will continue to process bulkheads for raising and reinforcing if it is within the City’s jurisdiction line; beyond
the jurisdiction line or replacement of bulkheads would require a Coastal Commission process and approval. Action for Items No. 2 and 3: Approved as Amended
ITEM NO. 4 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
Caitlyn Curley, Planning Technician, provided a brief project description stating that an 800-square-foot outdoor
dining area and canopy of the same size is proposed as part of the Limited Term Permit and Coastal Development Permit. The expanded dining area was originally approved under Emergency Temporary Use
Permit No. UP2021-052, however, that size of the outdoor dining area and canopy have been reduced from 1,800-square-feet to 800-square-feet. As part of the application, the applicant is proposing to redesign Cappy’s
Café's parking lot circulation from two-way to one-way, entering from West Coast Highway and exiting at 60th Street. Cappy’s Café originally had a surplus of 12 parking spaces, 10 of which will be occupied by the outdoor dining area. However, the added demand by the expanded outdoor dining area has not been accounted for. Staff received two public comments, one from a nearby business owner and another from a nearby resident. Both commenters expressed concerns about the impact the proposed outdoor dining area would have on parking. Code Enforcement conducted several site visits and did not find any parking violations mentioned by the commenters. Staff has created a parking exhibit demonstrating where Cappy’s Café (“Cappy’s”) patrons are allowed to park, which the applicant has acknowledged. Based on the acknowledged parking exhibit, and
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Code Enforcement’s observations, staff is comfortable that the proposed expanded outdoor dining area can operate without creating an adverse impact on the surrounding community.
In response to the Zoning Administrator’s inquiries, Planning Technician Curley confirmed that restriping Cappy’s parking lot from one-way to two-way is part of the proposed project, but she was unsure if this restriping had taken place. She also confirmed that the current size of the canopy was causing circulation issues, and that the proposed relocated canopy was designed to improve circulation. Tim Campbell, the applicant and owner of Cappy’s Café, spoke briefly about the history and current features
of Cappy’s Café, as well as mentioning the change in circulation and how that is expected to improve traffic at the restaurant. Mr. Campbell clarified that these improvements have not yet been implemented. At the Zoning Administrator’s request, Mr. Campbell described the efforts currently made to reduce the impact of Cappy’s expanded outdoor dining area. Namely, Mr. Campbell has improved the signage along 60th Street, in conjunction with the Public Works Department, as well as hired an individual to direct his customers parking at the establishment on the weekends and holidays.
Mr. Campbell stated that he had reviewed the draft resolution and agrees with all of the required conditions. The Zoning Administrator modified a number of conditions of approval, which Mr. Campbell agreed. The Zoning Administrator opened the public hearing.
One member of the public, Mr. Arciaga, spoke and stated that patrons of Cappy’s Café have repeatedly blocked access to his garage, and that he had photographic evidence. Mr. Arciaga also stated that under the Americans with Disabilities Act, he would be able to enter into a lawsuit against the City of Newport Beach, Cappy’s Café, and Mr. Tim Campbell. This being the case, Mr. Arciaga stated, he strongly objected to the proposed outdoor
dining area, adding that the proposed area increases the parking demand of the restaurant, without accommodating that parking.
One member of the public, Mr. Kirtley or “English,” spoke and stated that Cappy’s Café has negatively impacted the availability of parking for his establishment (English Tattoo Company), as Cappy’s patrons often park in the parking lot designated for his business. Mr. Kirtley referenced problems with Cappy’s parking staff and had
design concerns with the accessibility parking stall for Cappy’s Café as well.
Mr. Klobe voiced his support, particularly for the new design of the parking lot circulation.
Mr. Harford expressed his support, conceding that parking is an issue everywhere in the City of Newport Beach, not just at Cappy’s Café.
Mr. Yonce voiced his support, mentioning that the owners of Cappy’s Café are responsible business owners. Mr. Lovelady stated that he supported Cappy’s Café’s proposal, although he sympathized with those who have
been negatively affected by their existing expanded outdoor dining area. Mr. Lovelady also mentioned that he had not witnessed the nearby garages being blocked by Cappy’s Café’s patrons.
Ms. Kirtley spoke against Cappy’s proposal, referencing the parking issues caused by the existing outdoor
dining area. Ms. Kirtley also pointed out that Cappy’s Café already has an outdoor dining area.
Mr. Welch voiced his support and pointed out that most people do not visit tattoo parlors in the early morning, when Cappy’s Café is busiest.
The Zoning Administrator closed the public hearing, and offered Mr. Campbell a chance to respond.
Mr. Campbell stated that he has never spoken to Mr. Kirtley. He also mentioned that the traffic fatality that
occurred was not related to his business and that his business adheres to all Orange County health guidelines regarding mask requirements. Mr. Campbell addressed Mr. Kirtley’s concerns with the parking lot. Mr.
Campbell mentioned that the photos provided by Mr. Arciaga were dated to before Cappy’s Café had
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implemented several strategies meant to reduce any traffic issues created by Cappy’s Café’s existing expanded outdoor dining area.
The Zoning Administrator mentioned that the measures Cappy’s has taken and proposes to take to alleviate existing traffic issues, the additional conditions of approval, and the redesign of the parking lot and expanded outdoor dining area are expected to improve the parking and traffic conditions on the site. The Zoning Administrator acknowledged that Cappy’s Café’s required parking rate is one of the City’s most stringent assigned to restaurants in the City, and that in light of this, Cappy’s provides more parking than many other businesses in the area.
The Zoning Administrator modified the language of a number of findings in the resolution, as well as, added a condition of approval regarding the business’ lighting in relation to the adjacent wetlands, and modified a condition of approval to include the prohibition of Cappy’s Café’s patrons parking in nearby private parking lots.
Action: Approved as Amended
ITEM NO. 5 Sol Mexican Cocina Temporary Outdoor Dining Patio Limited Term Permit No. XP2021-025 and Coastal Development Permit No. CD2021-049 (PA2021-196) Site Location: 251 East Coast Highway Council District 5
The Zoning Administrator provided a brief description of the project stating that the applicant proposes to maintain an existing approximately 870-square-foot outdoor dining patio deck with no late hours within seven
existing parking spaces adjacent to the restaurant. The deck was previously authorized through Emergency Temporary Use Permit No. UP2021-018 (PA2021-097) for Sol Mexican Cocina Restaurant. The outdoor dining
area will not change.
Applicant Ned Algio, CEO of Sol, 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 added one correction to the Resolution to clarify an appeal can be filed in accordance with Title 20 and Title 21.
Action: Approved as Amended ITEM NO. 6 Class of 47 Temporary Outdoor Dining Patio Limited Term Permit No. XP2021-014 and Coastal Development Permit No. CD2021-042 (PA2021-194) Site Location: 209 Palm Street Council District 1
The Zoning Administrator provided a brief description stating the proposal is for a maximum 639-square-foot outdoor dining area with no late hours within a maximum of four parking spaces. This is a reduction from an approximately 1,433-square-foot patio that was previously authorized by Emergency Temporary Use Permit No. UP2020-036 and Coastal Development Permit No. CD2020-047 (PA2020-109) for Class of 47.
Applicant Mike Glenn, 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
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ITEM NO. 7 Woody’s Wharf Limited Term Permit No. XP2021-015 and Coastal Development Permit No. CD2021-043 (PA2021-193) Site Location: 2318 Newport Boulevard Council District 1
The Zoning Administrator read the project description from the related staff report into the record. The Applicant’s representative, Mike Glenn, on behalf of Woody’s Wharf, stated that they 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 provided some revisions to the resolution, including clarifying the number of parking
spaces onsite, the reduced size of the patio, and current status of the citywide parking study. Action: Approved as Amended ITEM NO. 8 ARC Butcher & Baker Temporary Outdoor Expansion Limited Term Permit No. XP2021-010 and Coastal Development Permit No. CD2021-039 (PA2021-188) Site Location: 417 30th Street Council District 1
The Zoning Administrator read the project description from the related staff report into the record.
Applicant Marín Howarth von Blom, owner and operator of ARC Butcher & Baker stated that she had reviewed
the draft resolution and agrees with all 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 approved the project as recommended.
Action: Approved ITEM NO. 9 The Peninsula Lounge Temporary Outdoor Expansion Limited Term Permit No. XP2021-017 and Coastal Development Permit No. CD2021-045 (PA2021-195) Site Location: 2406 Newport Boulevard Council District 1
The Zoning Administrator read the project description from the related staff report into the record.
Mike Glenn, on behalf of the owner and operator of The Peninsula Lounge, stated that they 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 changes to the draft resolution for approval and approved the project in accordance with staff’s recommendation for a reduced area of 1,000 square feet.
Action: Approved as Amended
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ITEM NO. 10 El Cholo Limited Term Permit No. XP2021-008 (PA2021-189) Site Location: 3520 East Coast Highway Council District 6
The Zoning Administrator read the project description from the related staff report into the record. In response to the Zoning Administrator’s question, Associate Planner Liz Westmoreland clarified that the existing restaurant operates until 9:00 p.m. and the resolution should be revised to close the expanded outdoor dining patio at 9:00 p.m. daily, as well. Changes to the resolution included updating the hours in Condition of Approval No. 4 and Fact 4 in Support of Finding A.
Ms. Westmoreland stated that the business uses an off-site parking lot that meets their use permit requirements.
Applicant Ron Salisbury of El Cholo, 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 revised Condition of Approval No. 1 to remove references to floor plans and building elevations.
Action: Approved as Amended
ITEM NO. 11 Baja Sharkeez Limited Term Permit No. XP2021-022 and Coastal Development Permit No. CD2021-047 (PA2021-201) Site Location: 114 Mc Fadden Place Council District 1
The Zoning Administrator read the project description from the related staff report into the record.
Applicant Ron Newman of Baja Sharkeez 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 asked that staff revise Section 1 Fact 2 of the resolution to discuss the reduction of the patio from the previous approval, and revise Finding A Fact 2 to state that the existing larger 2,400-square-
foot patio has not created issues and operation of the proposed reduced 900-square-foot patio includes appropriate conditions of approval. Lastly, there was an update to Finding F Fact 8 and removal of reference
to floor plans and building elevations from Condition of Approval 1, in addition to other minor changes. Action: Approved as Amended ITEM NO. 12 Tennis Clubhouse Grill Minor Use Permit No. UP2021-033 (PA2021-210) Site Location: 1602 East Coast Highway, 5 and 11 Clubhouse Drive Council District 5
Liz Westmoreland, Associate Planner, provided a brief project description stating that the application is for an alcohol license for the existing Tennis Clubhouse building located at the Newport Beach Tennis Club site. The license requested is a Type 57 Alcoholic Beverage Control License which only allows the sale and service of
beer, wine, and spirits to members and their guests. There are no late hours proposed past 11:00 p.m., and the business is not a public restaurant. The Police Department has reviewed the project and does not have any objections based on the operational characteristics, hours of operation, and robust conditions included in the resolution.
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Ms. Westmoreland addressed written comments from the adjacent community association and added that alcohol service has been present at this site intermittently since the 1970’s.
Staff received comments from one of the owners of the site objecting to the use permit at this time. Staff is not aware of any reason that would prohibit the City from proceeding with the hearing. Applicant Pat Rolfes stated that he had reviewed the draft resolution and agrees with all of the required conditions. He described the history of the site and stated that the property was underutilized and now it is a
great place for outdoor activities and fundraisers. He described the property as a health and wellness environment and not a bar or lounge. The Zoning Administrator opened the public hearing.
One member of the public, Jacob Gonzales, stated that he is counsel for two owners that make up 50 percent
of the ownership of the subject property. Mr. Gonzales asks that all of his correspondence to City Attorney Aaron Harp be included in the public record for the use permit application. His clients recently found out about the application and are not familiar with the applicant or project. The application is signed by Mr. O’Hill, and Mr. Gonzales’ clients have not authorized the submittal. He states that his clients have requested a 60-day
continuance of this item. The previous request was denied, and he requests a continuance again. He states that Mr. O’Hill did not have authority to sign the use permit application on behalf of all of the owners. He asks
that the City state the basis that Mr. O’Hill and the applicant are authorized to sign and submit the application.
In response to the Zoning Administrator’s inquiry regarding concerns with the request for alcohol service itself, Mr. Gonzales replied that he had briefly reviewed the report, but he is waiting for Mr. O Hill to provide more
information on the application.
The Zoning Administrator closed the public hearing.
Ms. Westmoreland stated that there is an appeal process available to the commenter. Staff is not aware of any reasons that would prohibit the City from proceeding. The owner has signed the affidavit on the application
form.
The Zoning Administrator stated that the application is straight forward, and that alcohol service is typical for similar sporting facilities. There has been alcohol service in the past and this new use permit would make that
allowance clear moving forward. The Police Department has reviewed and applied a number of conditions that would address the concerns by neighbors. The ownership issue is a private issue, and based on input from
staff and the City Attorney’s office, it would not be appropriate to delay this application. Action: Approved
ITEM NO. 13 Gordon Preschool Minor Use Permit No. UP2021-040 (PA2021-244) Site Location: 1126 Goldenrod Avenue Council District 6 David Lee, Associate Planner, provided a brief project description stating that the request is for a minor use permit to increase the capacity of an existing child day care home from an occupancy of 8 to 14. Mr. Lee
described the project site and stated that there are no physical changes to the residence proposed. The hours of operation requested are from 9:00 a.m. to 1:00 p.m., Monday through Friday. The applicant possesses a
license with the California Department of Social Services. Mr. Lee summarized a letter of support which was submitted to the Zoning Administrator but not previously included in the record. Applicant Jacqui Gordon of Gordon Preschool stated that she had reviewed the draft resolution and agrees
with all of the required conditions. Ms. Gordon also added further details about the day care center, including the surrounding neighborhood and parking situation.
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In response to the Zoning Administrator’s inquiries, Ms. Gordon responded that the State issues a license for 14 children, but it does not necessarily mean there will be 14 children present at all times. Ms. Gordon clarified that there is extended care from 1:00 p.m. to 3:00 p.m., during which a small number of children stay indoors.
Ms. Gordon reiterated the importance of this service during the COVID-19 pandemic. The Zoning Administrator opened the public hearing. One member of the public, Ronald Labriola, spoke and stated his support for the Gordon Preschool. Mr. Labriola commended the parking availability and added that many parents walk their children to the preschool.
There are no noise issues that he has observed since the children are indoors for a majority of the operational hours. One member of the public, Flora Camaj, spoke and stated her support for the Gordon Preschool. Ms. Camaj
stated the necessity of the use in the area and how it services many families with young children.
The Zoning Administrator closed the public hearing. The Zoning Administrator stated that he did not believe that the increase in capacity would result in traffic or parking issues, nor would it negatively affect property values. The Zoning Administrator added a condition of
approval that extends the hours for extended care from 1:00 p.m. to 4:00 p.m. Additionally, the Zoning Administrator added a condition stating that the applicant shall maintain a state license.
Action: Approved as Amended
ITEM NO. 14 Malarky’s Irish Pub Temporary Patio Limited Term Permit No. XP2021-027 and Coastal Development Permit No. CD2021-051 (PA2021-205) Site Location: 3011 Newport Boulevard Council District 1
The Zoning Administrator read the project description from the related staff report into the record.
In response to the Zoning Administrator’s question, David Lee, Associate Planner, confirmed that the proposal
is a reduction from 4,100 square feet to 875 square feet.
Applicant Michael Torres, on behalf of the Owner, stated that he had reviewed the draft resolution. Mr. Torres requested that the hours of operation for Sundays extend until 10:00 p.m. to match the previously issued
Emergency Temporary Use Permit, whereas the draft resolution conditioned Sundays to close at 9:00 p.m. Staff had no issues with the extension of hours on Sunday. Mr. Torres 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. 15 2676 Bay Shore Drive Seawall Coastal Development Permit No. CD2021-065 (PA2021-250) Site Location: 2676 Bay Shore Drive Council District 3
The Zoning Administrator read the project description from the related staff report into the record.
Applicant Suzette Smith, on behalf of the Owner, 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
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ITEM NO. 16 Joey Restaurant Group Minor Use Permit No. UP2021-046 (PA2021-263) Site Location: 453 Newport Center Drive Council District 5
Makana Nova, Senior Planner, provided a brief project description stating that this was a request to allow Joey Restaurant Group to expand the area for alcohol service in a restaurant space formerly occupied by Roy’s Restaurant. The building is currently undergoing shell demolition and the project proposes a full interior tenant improvement and the construction of a new 2,590-square-foot outdoor dining patio. A lot line adjustment would be required prior to the issuance of final building permits for the tenant improvements to incorporate the new
patio structures into the pad lot where the restaurant is located. Ms. Nova proceeded to provide a detailed overview of updates to the draft resolution: superseding the original use permit approval (UP3654), incorporating prior conditions into the body of new conditions of approval,
adding Fact in Support of Finding C4 regarding the availability of parking in Fashion Island, removing the requirement for fair share and San Joaquin Transportation Corridor fees since they are not applicable to the
addition of the outdoor dining patio, adding the ability for the restaurant to limit their closing hour to 11:00 p.m. without an effective operator license, and extending the closing hour to 1:00 a.m. consistent with the hours of operation currently allowed under Use Permit No. UP3654, and removing duplicative Condition of Approval No. 53.
Applicant Pua Whitford of CAA Planning, on behalf of Joey Restaurant Group, 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 approved the updated draft resolution as modified.
Action: Approved as Amended V. PUBLIC COMMENTS ON NON-AGENDA ITEMS
None. VI. ADJOURNMENT
The hearing was adjourned at 12:14 p.m.
The agenda for the Zoning Administrator Meeting was posted on December 10, 2021, at 10:45 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 December 10, 2021, at 10:30 a.m.