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HomeMy WebLinkAbout00 - Draft Minutes NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 03/26/2015 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 Civic Center Drive, Newport Beach Corona del Mar Conference Room (Bay E-1 st Floor) Thursday, March 26, 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 Jaime Murillo, Senior Planner Gregg Ramirez, Senior Planner Melinda Whelan,Assistant Planner B. MINUTES of March 12, 2015 Action: Approved C. PUBLIC HEARING ITEMS ITEM NO. 1 Mayur Indian Cuisine Minor Use Permit (PA2015-004) 2931 E. Coast Highway CD 6 Melinda Whelan, Assistant Planner, provided a brief project description stating that the restaurant has operated at this location for more than thirty(30) years and the request is limited to changing the ABC license from a Type 41 to a Type 47. Ms. Whelan continued that the Police Department reviewed the request and had no objections. Furthermore, she stated that standard conditions were included from the Police Department and that Planning Division staff is recommending approval of the application. Applicant Craig Yamasaki introduced himself as a representative of the owner, Anju Sami, who was also present. He stated that they understood and accepted all of the conditions of approval and were available for questions. The Zoning Administrator opened the public hearing. Seeing that no one from the public wished to comment, the public hearing was closed. The Zoning Administrator cited one (1) change to the CEQA exemption and then approved the Minor Use Permit Application. Action: Approved ITEM NO. 2 Damasq Cafe Minor Use Permit (PA2015-007) 3601 E. Coast Highway CD 1 Melinda Whelan, Assistant Planner, provided a brief project description stating that the request was to establish a take-out service, limited eating and drinking establishment which included a maximum of six (6) seats, no alcohol service and no late hours. She continued that parking is provided in the shared parking lot and that the parking requirement for the take-out service limited eating and drinking establishment is equal to a general retail establishment. Ms. Whelan stated that staff was able to make all of the required findings and recommended approval. Applicant Jamal Diab introduced himself as the Owner of Damasq, stating that it is a family business and that they use his mother's authentic Mediterranean recipes. Page 1 of 4 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 03/26/2015 The Zoning Administrator opened the public hearing. One member of the public, Robert Petrokosky, stated he was representing Jerome and Farah Nishagori who are the property owners of the commercial property immediately south of the subject site and the residential property at 330 Orchid Avenue. He stated that they believe the proposed use is an intensification, bringing more traffic without enough parking. He explained that rodents come from Chronic Tacos, that dumpsters are overflowing and that trash is left in the alleyway. He continued stating that trucks use the alley to unload, blocking the garage of his client's residence and blocking ingress and egress. He explained that the hours are greater for a restaurant than retail and the client's concern is mostly related to existing problems with the commercial property and that this new use will exasperate these problems. Another member of the public, who identified himself as the property manager of the property to the north of the subject site, stated that parking from the subject site already spills onto their site. He continued that there is an overall problem of parking spillover for all of the commercial uses within this area of Corona del Mar. Zoning Administrator Wisneski closed the public hearing. Ms. Wisneski addressed the concerns of Mr. Petrokosky by stating that the Code provides that the retail use and take-out service limited establishment have the same parking requirements; therefore it is not intensification of use. The property has on-site parking and it is the nature of Corona del Mar to generate more pedestrian-friendly uses. Regarding the existing site, she explained that the City has a Code Enforcement Division which acts upon complaints to issue violations and that it is important that the property owners and operators work together and notify Code Enforcement of issues such as vector control and traffic violations such as blocking the alley. Zoning Administrator Wisneski moved to approve the application for the Minor Use Permit. Action: Approved ITEM NO. 3 Xanadu Cafe Minor Use Permit (PA2015-021) 100 W. Coast Highway, Suite 104 CD3 Melinda Whelan, Assistant Planner, provided a brief project description stating that the request was for an eating and drinking establishment within the newly constructed Mariners Pointe building. The establishment includes indoor and outdoor seating with no late hours and no alcohol service. Ms. Whelan continued that parking is provided on site and that a parking study was provided with the approval of the building; however, with the anticipated tenants changing, a revised parking analysis has been approved by the Community Development Director. The revised parking analysis was provided as part of the record and concludes a required parking ratio for Xanadu of one (1) space per every forty (40) square feet that is provided in the parking structure. Ms. Whelan explained that the outdoor dining is 25 percent of the interior net public area and therefore does not require additional parking. Ms. Whelan explained that necessary conditions of approval are included in the resolution, including conditions required by the original approval of the Mariners Pointe building requiring the installation of a pollution control system and refrigerated trash or an acceptable method to control trash odors. With these conditions, staff was able to make all of the required findings and recommended approval of the Minor Use Permit to the Zoning Administrator. Applicant Behrouze Ehdaie, Architect, introduced himself as a representative of the applicant who was also present. He gave a brief description of their operation which is moving from Santa Barbara. Jaime Murillo, Senior Planner, introduced himself as the project planner for Mariners Pointe and was able to provide additional background on the Mariners Pointe project. The Zoning Administrator opened the public hearing. Page 2 of 4 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 03/26/2015 A member of the public, Jim Mosher, spoke and stated that promises were made to the public during the approval of Mariners Pointe and he believes that all of the conditions, including the pollution control unit, should be provided for the food uses. Zoning Administrator Wisneski asked a few clarification questions regarding the overall Mariners Point project. She continued that the proposed change to the hours of operation to 10:00 p.m. is acceptable. Also, she stated regarding Condition No. 13 regarding the refrigerated trash, to modify it by adding "unless otherwise approved by the Community Development Director"to add flexibility to the method used to mitigate the trash odors. She confirmed that the condition regarding the pollution control system is necessary to maintain as it was part of the original approval of the building by the City Council. Zoning Administrator Wisneski approved the Minor Use Permit with the modified resolution which addressed the revised parking analysis. Action: Approved ITEM NO.4 Roger's Garden Cafe (PA2014-210) 2301 San Joaquin Hills Road CD 5 Gregg Ramirez, Senior Planner, provided a brief project description stating that the request was for approval of a Minor Use Permit for Roger's Gardens Cafe, an eating and drinking establishment with no late hours (after 11:00 p.m.) and a Type 47 Alcoholic Beverage Control License that would be located on the same site as the existing Roger's Gardens nursery. He explained that development would consist of a kitchen and serving building and that the proposed 108 seats would be located in a partially enclosed lounge area or outdoors under patio covers and verandas. He indicated that parking is provided at a rate of one (1) space per every three (3)seats, consistent with the parking requirements established by the existing parking master plan established for the nursery; and that a total of 201 or 202 spaces would be provided for restaurant and nursery uses. He recommended the addition of a condition of approval that indicates that the conditions of approval would only be applicable for the restaurant use and not the existing retail nursery. Applicant and business owner Gavin Herbert, Jr. of Roger's Gardens stated that the cafe will be farm-to- table, and owned and operated by the former operator of Sage Restaurant. The Zoning Administrator opened the public hearing. Corena Dusek, homeowner in Broadmoor Hills, spoke against the proposed cafe stating that Roger's Gardens employees already park near the Broadmoor Hills homes, creating a parking impact; in particular during the holidays and other busy weekends. She was also opposed to the introduction of an ABC license and was concerned that live music could impact the neighbors if the restaurant area was used for events like weddings. Dana Lee, resident of the Harbor Point development, was concerned about an ABC license and the potential for events like weddings being located near residences. He also expressed concern that a large sign would be installed near the San Miguel entrance which would be an eyesore. He also explained that patrons leaving via the San Miguel driveway would add to the traffic in the area and would increase the number of cars using the Harbor Pointe development entrance to make U-turns. Jim Mosher, a Newport Beach resident, spoke and indicated that the ABC license was for full alcohol and not limited to wine. He then indicated that the restaurant did not fit the description of an accessory food use, that the resolution only addressed the alcohol and not the food service use, indicated that a house of worship should have been mentioned as being in close proximity and that the Police Department report was not included as an attachment to the staff report as is typical. He went on to question whether the nursery hours would be extended to match those of the restaurant and stated that use permits run with the land and operators can change over time. Finally he indicated that the draft resolution had several typos. Page 3 of 4 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 03/26/2015 Resident of 21 Harbor Pointe (Name Unknown) indicated that he was concerned that he would potentially be exposed to additional sound created by the cafe. There were no other public comments. Zoning Administrator Wisneski asked the applicant what the current hours of the nursery were. He indicated that normally they close at 6:00 p.m. She then questioned where the employees park and he responded that he has been working with the employees so they do not park near Broadmoor. He also stated that they have an agreement with the nearby church to use their lot during the busiest weekends (holidays and peak season) for employees and that they use busses to shuttle the employees to and from the off-site location. The applicant went on to explain that the design of the restaurant and related buildings would block the noise of the dining area from reaching the neighboring homes. It was further clarified that weddings and live entertainment is not being proposed with the Use Permit, these type of operations would require a Special Event Permit and considered on a case-by-case basis. Dana Lee again questioned the signage. The applicant explained that the sign would be small and Zoning Administrator Wisneski indicated that any increase or change in signage would require City approval. She also explained that any use of the restaurant beyond its use as a restaurant, as approved, would require a special event permit. Zoning Administrator Wisneski directed staff to add a condition of approval that would require employees to use a designated off-street, off-site parking lot during peak periods and use a shuttle to transport employees to and from the parking lot. She also added the staff recommended condition of approval and directed staff to correct the typos. Finally, she deleted Condition Number 19 related to media broadcasts. Action: Approved D. PUBLIC COMMENTS ON NON-AGENDA ITEMS None. E. ADJOURNMENT The hearing was adjourned at 4:36 p.m. The agenda for the Zoning Administrator Hearing was posted on Friday, March 20, 2015, at 2:20 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 Friday, March 20, 2015, at 2:30 p.m. Brenda Wisneski,AICP,Zoning Administrator Page 4 of 4 Item No. Ila: Additional Materials Received Zoning Administrator - April 16, 2015 Draft Minutes of March 26, 2015 April 16, 2015, Zoning Administrator Agenda Comments Comments submitted by: Jim Mosher( limmosher(a_yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229) Item 11: Approval of Minutes (March 26, 2015) 1. Page 1, Item 1, paragraph 2: "Applicant Craig Yamasaki introduced himself as a representative of the owner, Anju Sami, who was also present." The applicant listed on the staff report were "Henna Anisa Kappor & Anju K. Sarni." Because the audio recordings of the Zoning Administrator hearings are no longer publicly accessible I can't verify this, but my recollection is the person who spoke identified himself as a longtime customer with planning experience who wanted to speak in support of the application. I'm not sure he said he was an official representative, but I would suggest: "AppliGapt Longtime patron Craig Yamasaki introduced himself as a representative of the applicant and owner, Anju Sami, who was also present." 2. Page 2, paragraph 2: "One member of the public, Robert P^tr�rokesky Petrokofsky, stated he was representing Jerome and Farah Ni4 Neishabouri who are the property owners of the commercial property immediately south of the subject site and the residential property at 330 Orchid Avenue." Note: the spelling of Mr. Petrokofsky's name is taken from his online California Bar Number: 97072 record. I'm not sure about "Jerome," but as owner of Farah's Home Furnishings at 3629 Coast Hwy E, the correct spelling of Ms. Neishabouri's name can be found in the City's business license database, as well as on her store's website. 3. Page 2, paragraph 4, sentence 2: "Ms. Wisneski addressed the concerns of Mr. O^frrzarvkvai(jf Petrokofsky ..." . 4. Page 2, Item 3, paragraph 1: "Melinda Whelan, Assistant Planner, provided a brief project description stating that the request was for an eating and drinking establishment within the newly constructed "" rineFs Mariner's Pointe building. ... including conditions required by the original approval of the ""aF-s Mariner's Pointe building ..." 5. Page 2, Item 3, paragraph 3: "Jaime Murillo, Senior Planner, introduced himself as the project planner for n"arineFs Mariner's Pointe and was able to provide additional background on the Marv, r4pe� Mariner's Pointe project." 6. Page 3, paragraph 1: "A member of the public, Jim Mosher, spoke and stated that promises were made to the public during the approval of Mariners Mariner's Pointe ..." 7. Page 3, paragraph 2: "Zoning Administrator Wisneski asked a few clarification questions regarding the overall MaFiners o^-^f Mariner's Pointe project." 8. Page 3, Item 4, paragraph 5: "Dana Lee, resident of the Harbor Poin Pointe development,