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HomeMy WebLinkAbout01_12-15-2022_ZA_Minutes - DRAFT Page 1 of 5 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM THURSDAY, DECEMBER 15, 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 Chelsea Crager, Senior Planner Afshin Atapour, Assistant Planner Joselyn Perez, Assistant Planner Jenny Tran, Assistant Planner Caitlyn Curley, Planning Technician Wendy Joe, Civilian Investigator II. REQUEST FOR CONTINUANCES None. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF NOVEMBER 23, 2022 Action: Approved as Amended IV. PUBLIC HEARING ITEMS ITEM NO. 2 Gondola Adventures Coastal Development Permit and Limited Term Permit (PA2022- 0209) Site Location: 200 Bayside Drive Council District 4 Jenny Tran, Assistant Planner, provided a brief project description stating that the request is for a coastal development permit and limited-term permit to remove the existing mobile office trailer and replace it with a 40’ x 8’ storage container, 11’ x 7’ storage shed, and pop-up canopy. She indicated that the storage container and storage shed are for storage use only and all business operations are to be operated from the pop-up canopy that will be stored away outside of business hours. Ms. Tran indicated that the project complies with all applicable development standards and is compatible with the existing uses of the Back Bay Landing Planned Community. Ms. Tran also clarified that the proposed structures would utilize a similar footprint and height to the mobile office trailer and therefore, no further impacts to parking or visual impact are to be expected than observed in the previous parking summary and visual impact analysis. Ms. Tran further added that no building permits are required for the structures, but an electrical permit will be required and conditioned in the Conditions of Approval. Further conditions for special events and extension of the limited permit were also addressed. Applicant Elisa Mohr of Gondola Adventures, Inc, stated that she had reviewed the draft resolution and agreed 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. Action: Approved MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 12/15/2022 Page 2 of 5 ITEM NO. 3 Sonil Ventures LLC Residential Condominiums Tentative Parcel Map (PA2022-0175) Site Location: 715 and 715 ½ Narcissus Avenue Council District 6 Zoning Administrator, Jaime Murillo, noted that the project is a routine application with no deviations from Title 19 requested. He did not request a staff presentation. Applicant Matthew Watson, on behalf of the Owner, stated that he had reviewed the draft resolution and agreed 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. Action: Approved ITEM NO. 4 City of Newport Beach and Orange County Sanitation District Lot Line Adjustment (PA2022-0217) Site Location: 1514 and 1516 West Balboa Boulevard Council District 1 Afshin Atapour, Assistant Planner, provided a brief project description stating that this is for a lot line adjustment to the shared interior lot line between 1514 and 1516 West Balboa Boulevard. Approximately 1,042 square feet of land will be taken from 1516 West Balboa Boulevard (owned by the City of Newport Beach) and added to the adjacent parcel at 1514 West Balboa Boulevard (owned by the Orange County Sanitation District). The proposed Lot Line Adjustment is intended to enhance the pump station operations of the Orange County Sanitation District. There will be no change in the number of parcels and no development is currently proposed. Applicant Kathleen Hill, on behalf of the Orange County Sanitation District, stated that she had reviewed the draft resolution and agrees with all the required conditions. The Zoning Administrator asked for clarification regarding existing site conditions and plans for the development of the subject property. Applicant Jessica Frazier, who also represents the Orange County Sanitation District, stated that nothing will be changing regarding the subject property. 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 stated that one letter of written correspondence from Mr. Jim Mosher was received which raised questions regarding the requirement of a Coastal Development Permit, which the Zoning Administrator clarified a Coastal Development Permit was not needed due to no resulting change of development from the lot line adjustment. Another question from Mr. Jim Mosher was regarding the Orange County Sanitation District’s compensation to the City of Newport Beach regarding the lot line adjustment. Mr. Atapour provided a brief history and overview of the exchange between the Orange County Sanitation District and the City of Newport Beach regarding the lot line adjustment. Action: Approved MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 12/15/2022 Page 3 of 5 ITEM NO. 5 The Boardwalk Wine & Spirits Minor Use Permit (PA2021-266) Site Location: 103 Palm Street Council District 1 Joselyn Perez, Assistant Planner, provided a brief project description stating that the request is for a minor use permit to allow a new Type a 21 (Off Sale General) ABC License in connection with a new 886 sq. ft. beer, wine, and distilled spirit shop. She described the surrounding zoning and land uses, noting the proximity of the site to residential uses, the Balboa Pier, Fun Zone, and Oceanfront Boardwalk. She described the project site as an older two-story building with 4 commercial suites on the ground floor, residential units above, and no onsite parking. The shop is proposed for one of the ground floor suites, fronting Palm Street, and will have a retail area with shelving, refrigerators, a cashiering area, a hallway leading to an accessible restroom, and a back storage room. The proposed hours of operation are from 9:00 am to 10:00 pm, daily. Ms. Perez summarized the required findings to recommend approval of a Minor Use Permit with an off-sale ABC license. She listed some of the nearby ABC licenses and corrected the resolution that there is an additional Type 48 (On Sale – Public Premises) ABC license for Class of 47. She explained that the Police Department reviewed the project as part of the use permit process. The Police Department did not object to the project and provided Conditions of Approval for the operation of the shop. Ms. Perez explained that the project received public comments before the hearing. Most comments concerned parking, noise, drinking on the beach, the presence of minors, and that the area is already adequately served by the existing liquor store approximately 375 feet away. Ms. Perez made two corrections to the draft resolution; while a Coastal Development Permit is not required, the facts in support of Finding C should reference Title 21, and Condition of Approval no. 5 should only require proposed signage per the Municipal Code. Ms. Perez recommended approval of the project and concluded her presentation. The Zoning Administrator asked the Applicant if he would like to provide any additional information regarding the project. Mike Ayaz of Blake and Ayaz, a law corporation, on behalf of the Applicant, provided an additional description of shop operations, product offerings, and the coordination the Applicant has undergone with the City to refine the project. Mr. Ayaz then spoke to the public comments received on the project. The Zoning Administrator asked Mr. Ayaz if the shop intends to sell beer. Mr. Ayaz responded that the shop would sell beer and then explained that, due to the size limitations of the shop, malt liquor would not be available. The Zoning Administrator questioned the name of the Limited Liability Company, Liquor Cheaper LLC. Mr. Ayaz clarified that the name of the LLC would not be displayed and only the “Doing Business As” also known as “the DBA” of Boardwalk Wine & Spirits would be visible to the public. The Zoning Administrator opened the public hearing. One member of the public, Mr. George Milutinovich, spoke and stated his concerns regarding the project. They included traffic impacts and illegal parking/double-parking due to large delivery vehicles and customers. Vehicles could impact the safety of the community by blocking emergency vehicle access to the Balboa Municipal Parking Lot and the beach. A second member of the public, Mr. Harpreet Greywall, spoke and stated his concerns. Mr. Greywall highlighted that his existing store already serves the surrounding area and questioned whether another liquor store is truly needed. The Zoning Administrator closed the public hearing. The Zoning Administrator asked Mr. Ayaz to respond to the public comments. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 12/15/2022 Page 4 of 5 Mr. Ayaz spoke to the coordination between the Applicant and City Staff during the review process to locate the delivery area off Palm Street and into the alley. He continued that most deliveries would be from boutique companies and completed in large vans rather than the typical box truck delivery truck. The Zoning Administrator spoke to Mr. Greywall’s comment and explained that economic competition is not something that he can consider as part of his decision. The Zoning Administrator provided Mr. Ayaz with his concerns about the project. He spoke about how the use permit runs with the land and while the current operator wishes to sell high-end products, a future operator may wish to sell cheap liquor targeted to a different clientele or conducive for immediate consumption at the beach. He asked Mr. Ayaz if the Applicant would be willing to accept additional conditions of approval to prevent that shift in operational characteristics. The Zoning Administrator along with Police Department staff member, Wendy Joe, suggested a condition that prohibits wine, champagne, and distilled spirits from being sold in containers less than 350 ml in size and another condition that beer and/or malt liquor alcoholic beverages shall not be sold by single container and must be sold in manufacturer pre-packaged multi-unit quantities of four or more, except craft beer as defined by the Brewers Association. Mr. Ayaz agreed to all the proposed conditions, including the two additional conditions. Action: Approved as Amended ITEM NO. 6 LA21G, LLC Residential Condominiums Tentative Parcel Map (PA2022-0200) Site Location: 717 and 717 ½ Poinsettia Avenue Council District 6 The Zoning Administrator stated that no presentation would be necessary from staff but did provide a brief overview of the project himself. Applicant Stacy Strauss of Scour & Associates, on behalf of the Owner, 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. Action: Approved ITEM NO. 7 Danner Residence Coastal Development Permit (PA2022-0203) Site Location: 301 Lexington Circle Council District 4 Caitlyn Curley, Planning Technician, provided a brief project description stating that the application consisted of a coastal development permit for the installation of a manufactured home. Ms. Curley stated that while the California Department of Housing and Community Development has permitting jurisdiction over the project, a coastal development permit is required under the City’s Local Coastal Program. Ms. Curley explained that the site would be improved with hardscape, landscape, and a single-car carport, in addition to the manufactured home itself. The Applicant, Steve Almquist of Coastline Construction, on behalf of the Owner, was not present to agree 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. Action: Approved MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 12/15/2022 Page 5 of 5 ITEM NO. 8 Domasin Residence Coastal Development Permit (PA2022-0207) Site Location: 207 Tremont Drive Council District 4 The Zoning Administrator stated that no presentation would be necessary as the application was routine. The Applicant, Steve Almquist of Coastline Construction, on behalf of the Owner, was not present to agree 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. Action: Approved V. PUBLIC COMMENTS ON NON-AGENDA ITEMS Jaime Murillo, the Zoning Administrator, stated that his last meeting was on December 15, 2022, and that the new Zoning Administrator will be Benjamin Zdeba starting in January of 2023. VI. ADJOURNMENT The hearing was adjourned at 11:10 a.m. The agenda for the Zoning Administrator Hearing was posted on December 9, 2022, at 8:30 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 9, 2022, at 8:15 a.m. Ben Zdeba, AICP Zoning Administrator From: To: Murillo, Jaime Zdeba, Benjamin Subject:12-15-2022 ZA Meeting Minutes Date:January 17, 2023 10:06:47 AM Attachments:image001.pngimage002.pngimage003.pngimage004.png Hi Ben, I reviewed the draft meeting minutes for the Zoning Administrator hearing that took place on December 15, 2022, during which I served as Zoning Administrator. They are an accurate representation of the meeting and I recommend your approval at the January 26, 2023 meeting. Thanks, Jaime Jaime Murillo Principal Planner Community Development Department Office: 949-644-3209 100 Civic Center Drive Newport Beach, CA 92660 Zoning Administrator - January 26, 2023 Item No. 1a Additional Materials Received Draft Minutes of December 15, 2022