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Home My WebLink About01_02-10-2022_ZA_Minutes - DRAFT Page 1 of 3 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM THURSDAY, FEBRUARY 10, 2022 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 David Lee, Associate Planner Patrick Achis, Assistant Planner Tony Brine, City’s Traffic Engineer (Public Works) II. REQUEST FOR CONTINUANCES None. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF JANUARY 27, 2022 Action: Approved IV. PUBLIC HEARING ITEMS ITEM NO. 2 Avila’s El Ranchito Temporary Patio Limited Term Permit No. XP2021-036 and Coastal Development Permit No. CD2021-071 (PA2021-273) Site Location: 2800 Newport Boulevard Council District 1 David Lee, Associate Planner, provided a brief project description stating that the request is for a temporary outdoor dining patio at an existing restaurant. The proposed patio is 1,000 square feet, where the existing patio authorized by an Emergency Temporary Use Permit is 4,200 square feet. The reduced patio is for a one-year time period. Mr. Lee stated that the patio has no effect to public views or public access to the coast. The Zoning Administrator confirmed the number of parking spaces on-site, as well as the voluntary spaces provided off- site. The Zoning Administrator also confirmed that a use permit request to allow for a permanent patio has been applied for by the applicant. Applicant Maribel Avila, 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. The Zoning Administrator directed staff to add a fact regarding the voluntary parking provided off-site. Action: Approved as Amended MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 02/10/2022 Page 2 of 3 ITEM NO. 3 Starbucks Bristol Street Minor Use Permit No. UP2021-031 (PA2021-182) Site Location: 2122 Bristol Street Council District 3 Patrick Achis, Assistant Planner, provided a brief project description stating that the Applicant proposes to operate a Starbucks formerly occupied Burger King tenant space. The Minor Use Permit is required to change the allowed hours to between 4 a.m. and 12 a.m., daily. The project includes remodeling the 2,565 square-foot restaurant space, updating the site to improve circulation, and refinishing the exterior façade. The project is located within a commercial zone of Santa Ana Heights. Nonresidential uses such as fast-food restaurants and offices are common in the vicinity and a nonconforming residence is adjacent to the site. The existing use permit for the current fast-food use was issued by the County of Orange. The Applicant proposes to utilize the infrastructure of the existing restaurant, such as the drive-thru, to operate a Starbucks drive thru. Mo structural changes or addition of square footage is proposed. Indoor and outdoor dining capacity will be reduced by a total of 46 interior seats and 6 outdoor seats with the project’s implementation. Required accessibility upgrades will remove four (4) on-site parking spaces. At the direction of the City Traffic Engineer, a Drive-Thru Queuing, Site Access, and Parking Evaluation was prepared. The findings of this professional evaluation support the adequacy of the proposed design and was accepted by the City Traffic Engineer. Conditions of approval for the project will promote compatibility with surrounding uses. These include limitations on square footage, employee count, employee parking, and a requirement that employee is available during peak times to take orders outside. Two public comments were received. One was from Sung Kee Kim, owner of the adjacent nonconforming residence, who expressed concerns about the overflowing of the drive thru queue off Birch Street. The second was from Mr. Jim Mosher, a member of the public who expressed concerns over sound. Mr. Achis received additional documentation from the Applicant noting that the menu speakers are outfitted with an automatic volume and the brightness control. Customer data from other Starbucks in Orange County was also submitted to illustrate expected early morning transactions. All the additional information was in support of project’s compatibility in the vicinity. Mr. Achis requested Condition of Approval No. 38 be removed as does not apply to the project and was inadvertently added. Staff recommends the Zoning Administrator approve the project. The Zoning Administrator’s directed Staff to remove Condition of Approval No. 39 as it also does not apply to the project. In response to the Zoning Administrator’s question regarding alternative project designs, Mr. Achis noted that there were initial designs that reoriented the drive thru queue, but they ultimately were not practicable due to site constraints. Tony Brine, City Traffic Engineer, commented that there is full access to the site off Bristol Street. More often cars will enter off Bristol Street. There are two driveways that will be used by the project not just the Birch Street driveway. Condition of approvals have been added to help the efficiency of the queue. The Applicant’s study was based on Starbucks sites located in the City of Anaheim. Shawna Schaffner of CAA Planning, on behalf of the Applicant, stated that she had reviewed the draft resolution and agrees with all of the required conditions. She added an important feature of project is to relocate the window to lengthen the drive thru queue for additional stacking capacity. There will also be parking spots for mobile order pick up and an employee outdoors to take orders during speak times. The Zoning Administrator opened the public hearing. One member of the public, Sung Kee Kim, identified himself as the property owner. His expressed concern over the traffic issue and queuing off Birch Street. He acknowledged he received the staff report from staff but did not have time to read it. The Zoning Administrator closed the public hearing. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 02/10/2022 Page 3 of 3 The Zoning Administrator acknowledged the effort that went into the Applicant’s parking and queuing analysis. Starbucks is more traffic intensive than a Burger King. The Zoning Administrator had initial concerns about queuing, but after reading the analysis it appears the project is not expected to produce excessive queuing in the public right-of-way. An employee outdoors to take orders during peak times will expedite servicing. The Zoning Administrator recommended adding a condition of approval for the Applicant to provide an updated operating analysis after six months of operation to make sure it is consistent with what analysis’s projections. Parking or traffic issues would need to be resolved to the satisfaction of the City Traffic Engineer. Ms. Schaffner accepted the condition of approval. The Zoning Administrator also recommended conditioning the automatic volume and light for the menu board. In response to Ms. Schaffner, the Zoning Administrator clarified that prior to plan check approval, the plans would need to notate the menu board’s specifications for automatic volume and light. The Zoning Administrator directed staff to clarify the condition of approval for hours to use “midnight” instead of 12 a.m. ZA suggested edits to the Resolution Fact B.2, B.8, D.1, E.4, and reiterated the deletion of Condition of Approval Nos. 38 and 39. Action: Approved as Amended V. PUBLIC COMMENTS ON NON-AGENDA ITEMS None. VI. ADJOURNMENT The hearing was adjourned at 10:32 a.m. The agenda for the Zoning Administrator Hearing was posted on February 3, 2022, at 5:00 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 February 3, 2022, at 5:30 p.m. Jaime Murillo Zoning Administrator February 24, 2022, 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 February 10, 2022 The following corrections are suggested: Page 2, Item 3, paragraph 1: “Patrick Achis, Assistant Planner, provided a brief project description stating that the Applicant proposes to operate a Starbucks in a formerly occupied Burger King tenant space. The Minor Use Permit is required to change the allowed hours to between 4 a.m. and 12 a.m., daily. The project includes remodeling the 2,565 square-foot restaurant space, updating the site to improve circulation, and refinishing the exterior façade. The project is located within a commercial zone of Santa Ana Heights. Nonresidential uses such as fast-food restaurants and offices are common in the vicinity and a nonconforming residence is adjacent to the site. The existing use permit for the current fast-food use was issued by the County of Orange. The Applicant proposes to utilize the infrastructure of the existing restaurant, such as the drive-thru, to operate a Starbucks drive thru. Mo No structural changes or addition of square footage is are proposed. Indoor and outdoor dining capacity will be reduced by a total of 46 interior seats and 6 outdoor seats with the project’s implementation. Required accessibility upgrades will remove four (4) on-site parking spaces. At the direction of the City Traffic Engineer, a Drive-Thru Queuing, Site Access, and Parking Evaluation was prepared. The findings of this professional evaluation support the adequacy of the proposed design and was accepted by the City Traffic Engineer. Conditions of approval for the project will promote compatibility with surrounding uses. These include limitations on square footage, employee count, employee parking, and a requirement that an employee is available during peak times to take orders outside.” Page 2, Item 3, paragraph 3, sentence 1: “Mr. Achis received additional documentation from the Applicant noting that the menu speakers are outfitted with an automatic volume and the brightness control.” Page 2, Item 3, paragraph 4, sentence 1: “Mr. Achis requested Condition of Approval No. 38 be removed as it does not apply to the project and was inadvertently added.” Page 2, Item 3, paragraph 8, last sentence: “There will also be parking spots for mobile order pick up and an employee outdoors to take orders during speak peak times.” Page 2, Item 3, paragraph 10, sentence 2: “His He expressed concern over the traffic issue and queuing off Birch Street.” Page 3, paragraph 2, sentence 1: “The Zoning Administrator recommended adding a condition of approval for the Applicant to provide an updated operating analysis after six months of operation to make sure it is consistent with what the analysis’s projections.” Page 3, paragraph 4: “The Zoning Administrator also recommended conditioning the automatic volume and light control for the menu board.” [add should “light” be “brightness”?] Zoning Administrator - February 24, 2022 Item No. 1a Additional Materials ReceivedDraft Minutes of February 10, 2022