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HomeMy WebLinkAbout10-12-2023_ZA_MinutesPage 1 of 3 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM THURSDAY, OCTOBER 12, 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 Joselyn Perez, Associate Planner Jenny Tran, Assistant Planner II. REQUEST FOR CONTINUANCES None. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF SEPTEMBER 28, 2023 Zoning Administrator Zdeba acknowledged receiving written comments from Jim Mosher and expressed agreement with the suggested changes. Action: Approved as amended IV. PUBLIC HEARING ITEMS ITEM NO. 2 Roger’s Gardens Gallery Minor Use Permit (PA2023-0048) Site Location: 2301 San Joaquin Hills Road Council District 6 Joselyn Perez, Associate Planner, provided a brief project description stating that the Minor Use Permit would allow for a Type 20 (Off-Sale Beer & Wine) and a Type 86 (Instructional Tasting) Alcoholic Beverage Control License to be added to an existing retail shop. She described the project location, existing site development, zoning, surrounding land uses, and provided an overview of the operational characteristics of the retail shop, including hours of operation. She noted that the Newport Beach Police Department has reviewed the project and has no objection to the request, subject to appropriate conditions of approval which have been included in the draft resolution. Associate Planner Perez explained that while the Applicant proposed only two instructional tastings per month, Condition of Approval No. 8 has been written to limit the number of tastings to six per month, attempting to provide both future flexibility but also ensure that tastings do not become a regular part of business operations. Associate Planner Perez made a correction to the title block of the draft resolution and recommended approval of the project. Applicant Michael Cho, on behalf of Roger’s Gardens, 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, spoke and questioned the increase to the number of instructional tastings allowed per month. Zoning Administrator Zdeba closed the public hearing. Associate Planner Perez provided additional justification for increasing the number of tastings with the Zoning Administrator agreeing that six is a reasonable number of tastings per month without becoming a primary use of the site. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 10/12/2023 Page 2 of 3 Action: Approved as amended ITEM NO. 3 The NOW Massage Minor Use Permit (PA2023-0114) Site Location: 2600 East Coast Highway, Suite 120 Council District 6 Jenny Tran, Assistant Planner, provided a brief project description stating that the project is for a minor use permit for The NOW Massage within an existing tenant space. The request includes a modification of the parking rate and a waiver of location restrictions associated with massage establishments. Assistant Planner Tran indicated that the location is within proximity to a small park for the nearby residential neighborhood, but the use will not create a blight on the community. Assistant Planner Tran also indicated that the parking study provided for an adjacent tenant allocated eight parking spaces for this tenant space. She noted that a condition of approval was included to limit the number of massage technicians such that there would be adequate parking onsite to accommodate the use. The business owners, Michael Nash and Jamie Fox, stated that they had reviewed the draft resolution and agree with all the required conditions. However, they expressed a desire to revisit the condition of approval limiting the operations to four massage technicians. Before opening the public hearing, Zoning Administrator Zdeba asked questions regarding the operational characteristics of the business, including the similarity of the proposed location to their existing location, the number of walk-in patrons, and the frequency of patrons traveling in groups for services. Zoning Administrator Zdeba opened the public hearing. One member of the public, Jim Mosher, spoke and stated that some of the on-street parking nearby is occupied by outdoor dining for a nearby restaurant. He questioned whether that dining is a permanent fixture. Zoning Administrator Zdeba clarified that the outdoor dining within the on-street parking is temporary and will be removed in the future. He also added that, after considering the operational characteristics of the use, that the condition of approval can be adjusted to allow one additional massage technician for a total of five. Zoning Administrator Zdeba stated that this change would allow flexibility for the establishment while still being able to operate effectively with the eight parking spaces. Michael Nash and Jamie Fox agreed to the modified condition of approval. Zoning Administrator Zdeba closed the public hearing. Action: Approved as amended ITEM NO. 4 Haronian Residence Coastal Development Permit (PA2023-0051) Site Location: 413 Via Lido Soud, Unit A-C Council District 1 Jenny Tran, Assistant Planner, provided a brief project description stating that the project is for a coastal development permit to allow the demolition of an existing triplex and construction of a new 3,463-square-foot, two-story, duplex with an open roof top deck, an attached 801-square-foot four-car garage, and a 228- square-foot Accessory Dwelling Unit (ADU). Assistant Planner Tran indicated that public comments were received regarding the vertical access described in the staff report through the adjacent boat yard and nearby community park. She clarified that staff reached out to Real Property Administrator Lauren Whitlinger for clarification on the lease agreements for the vertical accesses. She clarified that the boat yard and community park are for the residents of the community but the access through these areas must be maintained open to the public. She explained that MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 10/12/2023 Page 3 of 3 it is not in the purview of the applicant or application to further enhance these accesses as long as they are not obstructed. Applicants Stephen Wan and David Olson of David R. Olson Architects, on behalf of the owner, stated that they 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, spoke and stated that despite the availability of public access, it does not appear welcoming and recognizable to the public and that the access would benefit from public signage. David Olson indicated that the property owner would like to provide a gate for safety on their own property, but the gate will not obstruct the public access through the boat yard. Zoning Administrator Zdeba also added that the suggestion for signage is taken into consideration, but the applicant would not be required to provide it on behalf of the community association. Zoning Administrator Zdeba further noted that the signage on the boat ramp area that was depicted in a photograph provided as public comment is appropriate given it is an actively used boat ramp. It would be unsafe to welcome pedestrians onto the boat ramp. Zoning Administrator Zdeba closed the public hearing. Action: Approved 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 Hearing was posted on October 5, 2023, at 8:45 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 October 5, 2023, at 8:45 a.m.