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HomeMy WebLinkAbout03-30-2023_ZA_MinutesPage 1 of 4 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM THURSDAY, MARCH 30, 2023 REGULAR MEETING – 10:00 A.M. I. CALL TO ORDER – The meeting was called to order at 10:00 a.m. Staff Present (Remote): Benjamin M. Zdeba, AICP, Zoning Administrator Oscar Orozco, Assistant Planner Jenny Tran, Assistant Planner Liane Schuller, Planning Consultant II. REQUEST FOR CONTINUANCES None. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF MARCH 16, 2023 Action: Approved IV. PUBLIC HEARING ITEMS ITEM NO. 2 Restoration Hardware Lot Line Adjustment (PA2023-0002) Site Location: 1101 Newport Center Drive Council District 5 Oscar Orozco, Assistant Planner, provided a brief project description stating that the request is for a lot line adjustment to accommodate the new expanded building footprint of Restoration Hardware located in Fashion Island. Mr. Orozco clarified that the number of parcels will remain unchanged as a result of the Lot Line Adjustment and there will be no change in the density or intensity of development. Applicant Brandon Ostrom of Stantec, on behalf of the Irvine Company, stated that he had reviewed the draft resolution and agrees with all the required conditions. Zoning Administrator Zdeba opened the public hearing. One member of the public, Jim Mosher, stated that the building permit for Restoration Hardware had been issued prior to the processing of the Lot Line Adjustment. Prior to closing the public hearing, Zoning Administrator Zdeba asked Mr. Orozco if he had any insight into the sequence of events. Mr. Orozco confirmed that the building permit was issued in early 2023, and added a condition of approval requiring that the Lot Line Adjustment be recorded prior to the final inspection of the building permit. Zoning Administrator Zdeba added that Title 19 of the Newport Beach Municipal Code includes a prohibition of development over lot lines and that it is not a common practice to approve building permits or drawings for structures to go over lot lines. Given that the location is in Fashion Island and all the parcels are largely footprint parcels, it is his understanding that the building permit was issued under the assumption that they would be getting the lot line adjustment recorded prior to final inspection of the building permit. Zoning Administrator Zdeba asked the applicant if they agreed to the added condition of recording the lot line adjustment prior to the final building inspection. Collin Baldwin, representative of the Irvine Company, stated that he agreed with the added condition of approval. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 03/30/2023 Page 2 of 4 Zoning Administrator Zdeba closed the public hearing. Action: Approved as amended ITEM NO. 3 Gross Residence Coastal Development Permit (PA2022-0281) Site Location: 2508 Marino Drive Council District 2 Liane Schuller, Planning Consultant, provided a brief project description stating that the project is a coastal development permit to demolish an existing single-unit residence and construct a new two-story single-unit residence and three-car garage. The property is an interior lot within the gated Bayshores Community. The Bayshores Community is a 258-lot subdivision that was originally developed in 1941. The proposed project replaces an existing single-unit residence with a new single-unit residence and does not involve a change in land use or density that would increase the demand for public access or recreational opportunities. Public coastal access is available at the Balboa Bay Club, immediately west of the neighborhood. The property is located approximately 275 feet from the Lido Channel and is separated from the waterfront by Bayshore Drive and other existing developed residential lots. The first-floor elevation of the proposed residence is 12 feet based on the NAVD88 elevation standard, which exceeds the minimum 9-foot requirement. The project has been reviewed by Building, Fire and Public Works and conditions of approval from those departments are included in the draft resolution included as Attachment 1 to the staff report. The project qualifies for a Class 3 CEQA exemption, which is typical for this type of development. Zoning Administrator Zdeba recommended several minor revisions to the draft Resolution. Applicant Eric Olson of Eric Olson Design, on behalf of the Owners, stated that he had reviewed the draft resolution and agrees with all the required conditions, as well as the proposed revisions. Zoning Administrator Zdeba 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. 4 Rainbow Inc. Body Piercings Minor Use Permit (PA2023-0007) Site Location: 3810 East Coast Highway Council District 6 Jenny Tran, Assistant Planner, noted that the address on the application and public notice was indicated as 3800 East Coast Highway which was incorrect. The correct address is 3810 East Coast Highway and additional materials were provided noting this correction. The address did not affect the noticing radius and the project was correctly noticed. The project is a minor use permit to operate a body piercing studio in conjunction with a jewelry retail store. The body piercings will operate in an enclosed room with one customer and one employee. The applicant proposes the hours of operations to between 10 a.m. and 10 p.m., daily. She also indicated that the jewelry retail store is allowed by right and the body piercing studio requires approval of a minor use permit. A condition of approval was included to require the body piercing studio is not visible to the exterior of the property. An additional condition of approval was added to ensure windows in the body piercing studio are affixed with privacy tinting and opaque curtains that are to be closed during the hours of operations. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 03/30/2023 Page 3 of 4 Applicant Rojelio Rodriguez of Rainbow Inc. stated that he had reviewed the draft resolution and agrees with all the required conditions. Zoning Administrator Zdeba opened the public hearing. Zoning Administrator Zdeba noted a concern regarding the later closing hour of 10 p.m. and asked the applicant to elaborate on the need to stay open until that time. The applicant expressed a desire to have flexibility in the business operations in case there is a demand for services later in the evening since this is a new market for their business. Zoning Administrator Zdeba asked if there were any members of the public wishing to comment. Seeing none, he discussed the existing personal service uses along the Corona del Mar commercial corridor and stated that none of the existing businesses appear to stay open beyond 8 p.m. He recommended a change to the condition of approval related to hours of operation such that the business would close by 8 p.m., daily. Mr. Rodriguez requested the hours of operations be from 10 a.m. and 8:30 p.m., daily, to allow the business to clean up and close the store. Zoning Administrator Zdeba acknowledged the reason for the request and recommended a subsequent change in hours of operations between 10 a.m. and 8:30, p.m. daily. However, no walk-ins or appointments can be made after 8 p.m. Mr. Rodriguez agreed to the conditions. Zoning Administrator Zdeba once again asked if there were any members of the public wishing to comment given the change in closing hour. Bruce Kusada of Capital RE Group representing the applicant noted that the applicant’s other locations have not proven problematic and do not generate a large amount of public walk-in traffic. Jim Mosher, resident, spoke and stated that he was unsure of Mr. Kusada’s relation to the applicant and wanted to speak towards lobbyist registration. Zoning Administrator Zdeba closed the public hearing and approved the project with the modified hours of operation. Action: Approved as amended V. PUBLIC COMMENTS ON NON-AGENDA ITEMS One member of the public, Jim Mosher, commented on the City’s lobbyist registration requirements. Mr. Mosher questioned if steps were being taken from staff to verify if representatives of a project meet the City’s lobbyist requirements. He was concerned that non-owner and architect representatives are not properly registering, and suggested staff verify their status before presenting at a public hearing. VI. ADJOURNMENT The hearing was adjourned at 10:28 a.m. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 03/30/2023 Page 4 of 4 The agenda for the Zoning Administrator Hearing was posted on March 23, 2023, at 1:30 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 March 23, 2023, at 1:05 p.m.