HomeMy WebLinkAbout02/28/2013NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 02/28/2013
NEWPORT BEACH ZONING ADMINISTRATOR MINUTES
Council Chambers — 3300 Newport Boulevard
Thursday, February 28, 2013
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
Jason Van Patten, Planning Technician
Makana Nova, Assistant Planner
Jaime Murillo, Associate Planner
B. MINUTES of February 14, 2013
Action: Approved
C. PUBLIC HEARING ITEMS
ITEM NO. 1 4590 MacArthur Sign Modification - Modification Permit No. MD2013- 001(PA2013 -002)
4590 MacArthur Boulevard CD 3
Jason Van Patten, Planning Technician, provided a brief description of the project, stating that the application
was filed on behalf of a business for placement of a permanent non - illuminated wall sign on the second floor
fascia of an existing office building. He referenced the Koll Center PC text regulating the property, specifying
that ground floor tenants were permitted to have one sign per frontage, not to exceed 35 square feet, but
were prohibited from placing signs above the ground floor. He noted that the subject business was not a
ground floor tenant and that the PC text did not provide wording regarding signage above the ground floor, for
above ground floor tenants. He also mentioned that the application and proposed signage was consistent
with a past modification permit approval, MD3963. He noted that the previous approval was for a sign with an
area of about 11 square feet, whereas the proposed sign was substantially larger at approximately 30 square
feet, necessitating a new modification permit. Finally he noted that the approval would not change any
standards provided in the PC text with respect to number of signs per frontage or sign area.
Zoning Administrator Wisneski inquired whether sign placement under the current request was consistent
with the previous modification, to which staff confirmed it was.
The applicant, Jason Shipman of Carey Sign Corporation introduced himself, as well as a representative for
the property owner, Ferrado Newport LLC. Zoning Administrator Wisneski inquired whether there were other
tenants in the building and how they were signed.
The representative for the property owner indicated there is existing signage for one of the tenants, Wells
Fargo Bank, and that other tenants in the building would not need additional signage given that the subject
business requesting the sign was occupying the entire third and fifth floor.
Zoning Administrator Wisneski then inquired whether the sign was internally illuminated. The applicant
indicated there was no illumination.
The Zoning Administrator opened the public hearing. Seeing that no one from the public wished to comment,
the public hearing was closed.
Zoning Administrator Wisneski noted that on the basis that the PC text does not accommodate tenant
signage as proposed, and that given the scale was appropriate, and lack of illumination recognized ambient
lighting in the area, she approved the resolution for Modification Permit No. MD2013 -001.
Action: Approved
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NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 02/28/2013
ITEM NO.2 Roll -It Sushi and Teriyaki Minor Use Permit (PA2013 -019)
2441 MacArthur Boulevard (Suite B -5) CD 3
Makana Nova, Assistant Planner, provided a brief description of the project, stating that the proposed
restaurant did not include late hours of operation and that no alcohol service was proposed. She further noted
that 72 parking spaces were required to accommodate the proposed restaurant at the recently constructed
shopping center where 81 parking spaces are available on -site and at an off -site parking lot located at 4100
Newport Place Drive. Finally, she noted that the final resolution should be updated to correctly reflect the first
letter of the applicant's name as "Kozono" rather than "Cozono ".
The applicant was not present.
The Zoning Administrator opened the public hearing.
One member of the public, Jim Mosher, spoke and identified several typographical errors in the draft
resolution. He then stated that he was unclear as to the requirements of the conditions specified by
Conditions No. 21, 29, and 30 with regard to detectable warnings for access compliance, occupant load
analysis, and egress /exit analysis as required by the Building Division.
Seeing that no one else from the public wished to comment, the public hearing was closed.
Zoning Administrator Wisneski noted that Condition No. 8 should be updated to require a copy of the
conditions of approval be incorporated into the project plans rather than an approval letter. The resolution
would be revised to address the typographical errors raised by Mr. Mosher. The Zoning Administrator
approved the resolution as amended for Minor Use Permit No. UP2013 -004.
Action: Approved
ITEM NO. 3 Fig & Olive Minor Use Permit (PA2012 -163)
151 Newport Center Drive CD 5
Makana Nova, Assistant Planner, provided a brief description of the project, stating that the proposed
restaurant with late hours, live entertainment, an outdoor dining patio, and a Type 47 alcohol service was
proposed at a new restaurant pad building currently under construction within the Fashion Island Shopping
Center of North Newport Center Planned Community. She noted that a restaurant with live entertainment was
a permitted use within the planned community and that the minor use permit was requested for the addition of
alcohol. A live entertainment permit and operator's license would be required in addition to the minor use
permit. She noted that staff recommended the live entertainment end at 1:00 a.m. to encourage patrons to
leave in compliance with the 2:00 a.m. closing hour. She noted that revised project plans had been submitted
by the applicant that include revised floor area calculations, seating calculations, and identified the locations
of the wash -out and trash area in more detail. The tenant improvement permits would be subject to the fair
share and San Joaquin Transportation Corridor Fees for the addition of a mezzanine area within the tenant
space that exceeded the gross floor area originally calculated for the construction of the shell building. Finally,
she mentioned that the public notice for the operator license had been noticed with the incorrect comment
date and would be re- noticed for action on March 25, 2013.
Shawna Schaffner of CAA Planning, representative for the applicant, Fig & Olive, introduced herself. She
stated that she had read the resolution and the required conditions.
The Zoning Administrator opened the public hearing.
One member of the public, Jim Mosher, spoke and noted a typographical error regarding the spelling of
Fleming's Steak House in the staff report. He stated that he was unclear as to the justification for an
additional alcohol license in an area that already has so many restaurants with alcohol licenses. He also
requested clarification regarding the location and use of the mezzanine area.
Seeing that no one else from the public wished to comment, the public hearing was closed
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NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 02/28/2013
Zoning Administrator Wisneski noted that the restaurant and Fashion Island are intended as a regional
commercial destination and approved the draft resolution, amending the floor areas in the project description
to match the revised project plans and incorporating the typographical comments suggested by Mr. Mosher.
Action: Approved
ITEM NO. 4 Island Cinemas Monument Sign - Modification Permit No. MD2012 -019 (PA2012 -175)
101 Newport Center Drive CD 5
Jaime Murillo, Associate Planner, provided a brief description of the project, stating that the Irvine Company
is requesting a second, double- faced, monument sign in support of the existing Island Cinemas movie theater
located in Fashion Island. The sign would measure 16 feet 9 % inches in height and 13 feet in width, and
include a total combined sign area of 300 square feet. The property is regulated by the North Newport Center
Planned Community Development Plan, which limits theater signs to a maximum of one sign. An existing
theater sign is located on the western perimeter of Fashion Island near Santa Maria Drive. The theater is a
destination use within Fashion Island, a regional retail and entertainment district; however, signage is limited
given its location in the middle of the shopping center. Therefore, to provide adequate signage, the applicant
is requesting an additional sign on the eastern perimeter of Fashion Island. He stated that staff recommends
approval of the request. However, due to the lack of information provided on the plans pertaining to the
landscaping around the base of the sign staff has included Condition No. 5. The condition requires landscape
shrubs and /or hedges to be planted around the base of the monument sign where it projects beyond the
fence line. To provide a little more direction, staff is further recommending that the sign be setback a
minimum of 3 feet from the back of sidewalk. He also mentioned that staff is recommending the addition of
Condition No. 10 that requires the colors, material and finish of the sign to match that of the existing theater
monument sign for consistency.
Shawna Schaffner of CAA Planning, representative for the applicant, Irvine Company, introduced herself.
She stated that she had read the resolution and the required conditions. She had one comment on revised
Condition No. 5. She suggested 2.5 feet may be more appropriate to accommodate the required footings for
the sign. She confirmed that a 2.5 foot setback would provide adequate area for landscaping around the base
of the monument sign.
The Zoning Administrator opened the public hearing.
One member of the public, Jim Mosher, spoke and noted a typographical error in Condition No. 5 regarding
the spelling of "sign'. He also noted a reference to the "Planning Commission' in the draft resolution that
should read "Zoning Administrator ". With regard to the request, he noted that the proposed sign location may
be confusing to motorist because there is another movie theater sign (Big Newport 6) located across the
street. He also commented that the size of the sign appears to be large and Newport Center is experiencing
sign creep with a number of other sign requests approved in the area.
Seeing that no one else from the public wished to comment, the public hearing was closed.
Zoning Administrator Wisneski noted that the existing movie theater sign located on the eastern side of
Fashion Island appears small in comparison with other signs in the area and felt the height of the proposed
sign is appropriate. She also felt the additional sign was appropriate as a method to expand awareness of
cinema within Fashion Island. Zoning Administrator Wisneski noted that the existing movie theater sign
located on the eastern side of Fashion Island appears small in comparison with other signs in the area and
felt the height of the proposed sign is appropriate. She also felt the additional sign was appropriate as a
method to expand awareness of cinema within Fashion Island. The Zoning Administrator approved the draft
resolution, as amended, with revisions to Condition No. 5 requiring the sign setback be a minimum of 2.5 feet
from the back of sidewalk, the addition of Condition No. 10, and incorporating the typographical comments
suggested by Mr. Mosher.
Action: Approved
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NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 02/28/2013
D. PUBLIC COMMENTS ON NON - AGENDA ITEMS
None.
ADJOURNMENT
The hearing was adjourned at 3:58 p.m.
The agenda for the Regular Hearing was posted on February 22, 2013, at 8:35 a.m. on the City Hall
Bulletin Board located outside of the City of Newport Beach Administration Building and on the
City's website on February 22, 2013, at 8:19 a.m.
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