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HomeMy WebLinkAbout02/12/2015 - Zoning Administrator NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 02/12/2015 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 Civic Center Drive, Newport Beach Corona del Mar Conference Room (Bay E-1 st Floor) Thursday, February 12, 2015 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 Makana Nova, Assistant Planner Gregg Ramirez, Senior Planner B. MINUTES of January 15, 2015 Action: Approved C. PUBLIC HEARING ITEMS ITEM NO. 1 Khorsandi Residence Condominium Conversion (PA2014-216) 5308 Seashore Drive CD 1 Gregg Ramirez, Senior Planner, provided a brief project description on behalf of project planner, Benjamin Zdeba, stating that the applicant had requested a tentative parcel map for a two-unit condominium conversion to an existing duplex development. He noted that the applicant would be required to complete several building modifications that were identified, as a result of the building inspection for the condominium conversion. Applicant and property owner Mojtaba Khorsandi stated that he had reviewed the draft resolution and the required conditions and noted that the development would be remodeled to address the proposed conditions of approval. The Zoning Administrator opened the public hearing. One member of the public, Jim Mosher, noted the numerous building violations that had been identified, and noted that he had not seen any conditions requiring general compliance with the Building Code. The Zoning Administrator clarified that Condition No. 8 provides the language that Mr. Mosher had suggested. Seeing that no one else from the public wished to comment, the public hearing was closed. The Zoning Administrator approved the requested tentative parcel map and condominium conversion as proposed. Action: Approved ITEM NO. 2 Z Pizza Minor Use Permit (PA2014-206) 2549 Eastbluff Drive CD4 Makana Nova, Assistant Planner, provided a brief project description stating that the applicant had requested a Type 41 (On Sale Beer and Wine) alcohol license for an existing restaurant in Eastbluff Shopping Center. The restaurant was recently remodeled in 2014 and no new physical improvements were proposed with the requested minor use permit. No late hours of operation were proposed (after 11:00 p.m.) and the Police Department reviewed the applicant's requested and recommended approval of the minor use permit as requested. Page 1 of 4 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 02/12/2015 The Zoning Administrator, Brenda Wisneski, clarified that the existing restaurant provides 676 square feet of net public area. Ms. Wisneski noted the presence of a common seating area outside the restaurant and confirmed that alcohol service is not proposed within said outdoor seating area. Applicant Sidney Fanarof of Z Pizza stated that he had reviewed the draft resolution and the required conditions. He noted that the prior Z Pizza location at Harbor View Center had alcohol service and was relocated to Eastbluff Shopping Center. Beer and wine sales typically account for approximately two percent of overall sales. The Zoning Administrator asked for Fact No. 2 of Finding No. A.ii. be revised, reflecting that four (4) calls for service had been reported "near" rather than "at"the subject establishment since several of the calls identified in the Police Department Crime Statistics involved traffic and other incidents that were not directly related to the restaurant operation. The Zoning Administrator opened the public hearing. A member of the public, Jim Mosher, inquired as to whether or not an increase in the hours of operation is considered an intensification of use and if the requested alcohol service included off-sale alcohol sales in conjunction with pizza deliveries. Mr. Mosher then commented on the proximity of the Boys and Girls Club in relation to the pizza parlor. He noted that the existing establishments that sell alcohol in the center are full- scale restaurants. Mr. Mosher questioned Condition No. 8, which limits the use of the rear restaurant door after 10:00 p.m., noting that the proposed restaurant hours would be extended until 11:00 p.m. Finally, Mr. Mosher questioned the presence of a trash enclosure over parking stalls shown on the site plan. Seeing that no one else from the public wished to comment,the public hearing was closed. The Zoning Administrator clarified that the proposed alcohol license is for dine-in patrons only and would not include alcohol sales in conjunction with deliveries or pick-up. Ms. Nova commented that Condition No. 8 was intended to reduce noise at the rear of the restaurant and was carried over from the original restaurant use permit.The Zoning Administrator added that this condition is appropriate as proposed in that it still allows for employees to exit the rear of the restaurant to deposit trash at the close of the restaurant. With the suggested revision to Fact No. 2 of Finding No. A.ii. of the draft resolution, the Zoning Administrator approved the requested minor use permit. Action: Approved ITEM NO. 3 Starbucks Minor Use Permit (PA2014-220) 137 Newport Center Drive CD 5 Makana Nova, Assistant Planner, provided a brief project description stating that the applicant had requested a Type 41 (On Sale Beer and Wine) alcohol license for a new Starbucks location within Fashion Island. The existing Starbucks location in the mall would be relocated to an existing 3,234-square-foot retail tenant location at 137 Newport Center Drive. In addition to interior tenant improvements including 1,210 square feet of net public area, the applicant proposes the construction of a new 1,210-square-foot outdoor dining patio. Ms. Nova noted that the applicant proposes alcohol service from 4:00 p.m. to 11:00 p.m. and that the business hours of operation are from 4:30 a.m. to 11:00 p.m. and do not involve late hours of operation (after 11:00 p.m.). Ms. Nova noted that the Police Department had reviewed and met with the applicant to discuss the relatively new concept of alcohol service at a Starbucks location. As a result of this meeting, Ms. Nova noted that Condition No. 18 was added at the recommendation of the Police Department over concern that patrons could pass drinks into the main mall corridor. Ms. Nova stated that the applicant had submitted correspondence relative to this condition, suggesting that a 5-foot patio barrier adjacent to the mall corridor Page 2 of 4 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 02/12/2015 would not be necessary because the 36-inch barriers required by Condition No. 17 would be adequate and other restaurants in Fashion Island are not required to have a similar 5-foot barrier. The Zoning Administrator, Brenda Wisnseki, opened the public hearing. Applicant Keith Glassman of GPA, Inc., on behalf of Starbucks, emphasized that the proposed hours of operation for alcohol service would occur from 4:00 p.m. to 11:00 p.m. He noted that in Starbucks' existing Evening locations, alcohol service accounts for a minimal percentage of overall sales, costing $5-$12 per unit. Finally, he discussed the ability of Starbucks staff to monitor alcohol service in the outdoor patio area, noting that employees would implement what is known as a, "table touch technique," in which staff members would check on customers. Thus, he requested that the requirement for the 5-foot barrier be removed, adding that their existing locations provide only a 36-inch barrier. He suggested a willingness to add a barrier in the future if the Police Department identifies an issue once the establishment is open. The Zoning Administrator noted that the intent of the proposed conditions was to provide adequate controls on the use permit so that if another operator takes over this location, the use permit would remain appropriate and effective for the next operator. The Zoning Administrator then inquired about the adequacy of site security in Fashion Island. Shawna Schaffner of CAA Planning, on behalf of the Irvine Company, provided an overview of 24-hour security measures in place within the Fashion Island Shopping Center. She identified active and passive security implemented by Universal Protection, including video surveillance, foot patrols, Segway patrols, golf carts, and vehicle patrols, which are utilized to monitor the shopping center and parking structure. She noted that the center is actively managed and that security patrols have acted as first responders to major incidents in the past. Mr. Glassman noted that, in working with staff, several language changes had been made to the conditions of approval. Ms. Nova added to Mr. Glassman's statement, noting that staff and the applicant had agreed to language revisions to Conditions No. 7, clarifying that alcohol would be permitted in the interior of the establishment and on the outdoor areas and that alcohol service would be prohibited beyond these areas. Additionally, Condition No. 15 of the draft resolution was modified to clarify that all "persons, managers, and employees" involved in the sale of alcohol would be subject to training as required by this condition. Ms. Nova provided a handout demonstrating the proposed language changes to these conditions of approval. A member of the public, Jim Mosher, spoke and suggested that the approval be limited to the sale of twelve (12) drinks per day. Mr. Mosher emphasized that this is a change in business concept for a coffee shop and generally noted that the Irvine Company is changing Fashion Island from a family-oriented concept to a nightspot. Seeing that no one else from the public wished to comment,the public hearing was closed. The Zoning Administrator requested Condition No. 17 be clarified to include "gates" as barriers and added, "to the satisfaction of the Building Division for egress requirements." The Zoning Administrator asked that Fact No. 2 of Finding No. A.ii. be revised, reflecting that eighteen (18) calls for service had been reported "near" rather than "at" the existing Starbucks establishment since several of the calls identified in the Police Department Crime Statistics involved traffic and other incidents that were not directly related to the restaurant operation. Ms. Wisneski agreed with the applicant's comment that the 5-foot barrier proposed under Condition No. 18 is not necessary based on the presence of on-site security and the operators willingness to add it if it becomes a problem. But Ms. Wisneski added that the barrier adjacent to the counter-height seating area should be modified so that it is not abutting the exterior bench seating. She suggested that a landscape planter would be more appropriate at this location to separate the exterior bench and to address the Police Departments concern about passing of drinks. With these modifications to the draft resolution, the Zoning Administrator approved the requested minor use permit. Page 3 of 4 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 02/12/2015 Action: Approved D. PUBLIC COMMENTS ON NON-AGENDA ITEMS A member of the public, Mr. Jim Mosher, stated that at the LCP meeting he attended the prior night, Patrick Alford, Planning Program Manager, stated that any person who is interested is considered an "interested party" and that Mr. Mosher hopes the same idea would be carried out in the Zoning Administrator Hearings. E. ADJOURNMENT The hearing was adjourned at 4:07 p.m. The agenda for the Zoning Administrator Hearing was posted on February 05, 2015, at 1:10 p.m. in the Chambers binder and 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 February 05, 2015, at 12:50 p.m. red Wisneski, AI P, Zoning Administrator Page 4 of 4