HomeMy WebLinkAbout11/28/2012NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 11/28/2012
NEWPORT BEACH ZONING ADMINISTRATOR MINUTES
Council Chambers — 3300 Newport Boulevard
Wednesday, November 28, 2012
REGULAR HEARING
3:30 p.m.
A. CALL TO ORDER — The meeting was called to order at 3:30 p.m.
Staff Present: Brenda Wisneski, Zoning Administrator
Melinda Whelan, Assistant Planner
Benjamin M. Zdeba, Assistant Planner
B. MINUTES of November 14, 2012
Action: Approved
C. PUBLIC HEARING ITEMS
ITEM NO. 1 Reusing Lot Line Adjustment No. LA2012 -006 (PA2012 -124)
609 Vista Bonita CD 4
The Zoning Administrator read into the record a memo from Assistant Planner Kay Sims stating the applicant
and owner of the property, Mr. Reusing, requested that the application for Lot Line Adjustment No. LA2012-
006 be continued to the December 12, 2012 Zoning Administrator hearing date.
The Zoning Administrator opened the public hearing. Seeing that no one from the public wished to comment
the public hearing was closed.
Action: Per the applicant's request, the Zoning Administrator continued the item to
December 12, 2012.
ITEM NO.2 Poppy Avenue Child Daycare - Minor Use Permit No. UP2012 -021 (PA2012 -127)
613 Poppy Avenue CD 6
Zoning Administrator Wisneski explained that the applicant had withdrawn the Minor Use Permit application
for the large day care facility, committing to limiting the number of children to 8 and maintaining the existing
home child day care as a small home child day care as defined by the City. Wisneski further explained that
since the item was noticed, she would proceed to open the public hearing.
Joe Garrett, resident expressed strong opposition, record of a petition in opposition and relief that the
application was withdrawn and further that there would be a concern regarding parking.
Jim Mosher, resident, noted an inaccuracy in the CEQA Class Exemption determination in the Staff Report
and the Draft Resolution and typographical errors he had addressed in additional materials that he had
provided prior to the meeting.
Dan Durot, resident, expressed relief that the application was withdrawn as he was concerned with an
increase in the size of the use and parking issues.
Zoning Administrator Wisneski closed the public hearing.
Action: No Action taken. Application withdrawn by the applicant
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NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 11/28/2012
ITEM NO. 3 Sweet Lady Jane Bakery Minor Use Permit No.UP2012 -024 (PA2012 -138)
3732 East Coast Highway CD 6
Benjamin Zdeba, Assistant Planner, provided a brief project description and noted that the project site is a
nonconforming mixed -use development with two residential units above a ground floor of two commercial
tenant spaces. Mr. Zdeba added that the proposal was consistent with Chapter 20.38 (Nonconforming Uses
and Structures) of the Zoning Code in that the parking requirement was not increasing as a result of the
proposed change of use.
The Zoning Administrator opened the public hearing.
William Cote, adjacent property owner, commended the business plan, but expressed concern with respect
to the lack of parking and further noted he experienced a problem with customers parking on his property
from the previous building tenant.
Dan Purcell, resident, expressed concern with the parking situation and likened it to the Starbucks Coffee
shop on Coast Highway. He further noted the previous tenant was a less intense use compared to the
proposed tenant.
Jim Mosher, resident, noted the change of use was an increase in intensity and made staff aware of
typographical errors within the resolution.
Lisa and Bryan Siegel, property owners of the project site, stated the lease for their building is written such
that tenants cannot park on adjacent properties and are limited to on- street parking.
Scott Laidlaw, applicant's representative, made reference to the Walker Parking Study conducted for the
project area and stated the study found adequate parking in the area.
Daniel Mafrice, applicant, made note of the other two locations of the proposed use and stated that each
location had no on -site parking. He further stated that no problems had arisen from the lack of parking at
those locations.
Zoning Administrator Wisneski closed the public hearing
Zoning Administrator Wisneski discussed the change of use and acknowledged the parking requirement of
the proposed use is the same as the previous use and dictated by the Zoning Code. The analysis of parking
in determining intensity of a use is applied in evaluating changes of use. To be consistent and fairly evaluate
this application it is appropriate to also consider parking in this case. Strictly applying the Code provisions,
demonstrate that the parking demand if the proposed use is not more intense. She added that the change of
use is not more intense than what would be allowed at the location by right pursuant to the Zoning Code and
gave the example of a hair salon, beauty parlor or fitness facility. She expressed agreement with the facts in
support of the findings and approved the application as submitted.
Action: Approved
ITEM NO.4 Capriotti's Sandwich Shop Minor Use Permit No.UP2012 -025 (PA2012 -142)
4221 MacArthur Blvd., Space B -2 CD 3
Benjamin Zdeba, Assistant Planner, provided a brief project description and noted that the project site is a
new commercial development. He added that the proposed use does not involve late hours or alcohol sales
and that there is surplus parking to accommodate the use.
No members of the public were present to speak on this item
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NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 11/28/2012
Zoning Administrator Wisneski expressed agreement with the facts in support of the findings and approved
the application as submitted.
Action: Approved
D. PUBLIC COMMENTS ON NON - AGENDA ITEMS
None.
ADJOURNMENT
The hearing was adjourned at 4:07 p.m.
The agenda for the Regular Hearing was posted on November 21, 2012, at 1:30 p.m. on the City
Hall Bulletin Board located outside of the City of Newport Beach Administration Building and on
the City's website on November 21, 2012, 2012, at 1:40 p.m.
Zoning Administrator
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