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HomeMy WebLinkAbout04-14-2016_ZA_Minutes NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 04/14/2016 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 Civic Center Drive, Newport Beach Corona del Mar Conference Room (Bay E-1st Floor) Thursday, April 14, 2016 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 Jim Campbell, Principal Planner Makana Nova, Associate Planner Melinda Whelan,Assistant Planner Chelsea Crager,Assistant Planner B. MINUTES of March 24, 2016 Action: Continued to the April 28, 2016 Zoning Administrator Hearing C. PUBLIC HEARING ITEMS ITEM NO. 1 TLT Food Minor Use Permit Amendment No. UP2016-008 (PA2016-032) Site Location: 1332 Bison Avenue Council District 4 Melinda Whelan, Assistant Planner, provided a brief project description stating that the request was for an amendment to a minor use permit for a new restaurant to occupy an existing restaurant space within a shopping center which would change the type of Alcohol license from a Type 47 to a Type 41 and open at 6:00 a.m. instead of 10:00 a.m. Ms. Whelan continued that the space has always been occupied by a restaurant use and has not proven a detriment to the area. Additionally, there are other uses within the shopping center that open earlier and have not proven to be a detriment to the surrounding area. The Police Department has no objections to the request and recommended conditions of approval. Ms. Whelan cited typographical errors in the Police Department memo and in the draft resolution that had been corrected. Staff was able to make all of the required findings and recommends approval of the minor use permit which will supersede the existing minor use permit. Zoning Administrator Wisneski added that a change to Condition No.15 will be included in the resolution to restrict bar counters that serve alcohol only; however, bar counters serving food and other beverages are permitted. Ms. Whelan also added that Condition No. 41 had been deleted and is not necessary since the current contact information for the restaurant will be maintained with the business license. Applicant Sherly Brady of the Permit Place, on behalf of TLT Food, stated that she had reviewed the draft resolution and agrees with all of the required conditions. One member of the public, Jim Mosher, cited Municipal Code Section 20.48.030(C)(4)(a) stating that use permits for alcohol service shall expire within (12) months unless an ABC license is obtained. There were no other public comments. Action: Approved ITEM NO. 2 Island Cinemas Minor Use Permit Amendment No. UP2016-001 (PA2016-001) Site Location: 999 Newport Center Drive Council District 5 Page 1 of 5 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 04/14/2016 Makana Nova, Associate Planner, provided a brief project description explaining that Island Cinemas in Fashion Island is seeking to modify its existing Minor Use Permit and change its alcohol beverage license from a Type 41 (Beer and Wine) license to a Type 47 (General On Sale) license, which includes the sale of liquor and spirits. The theater would maintain its existing hours of operation from 11:00 a.m. through 1:00 a.m., daily. The theater would not undergo any physical improvements and would continue to serve food and beverages from two existing concession stands with server service to the seating areas. The Police Department reviewed the application and noted that while crime statistics in the Newport Center are higher due to the high concentration of commercial uses in the area, Island Cinemas has demonstrated that they are a good operator with no calls for service in the last year. Ms. Nova noted that alcohol service has been provided at this theater since 2012 and the current request requires an amendment to the existing Operator License. Staff has reviewed the application and recommends approval as requested. Applicant, Steve Rawlings of Alcoholic Beverage Consulting, on behalf of Regal Cinemas Inc., stated that he had reviewed the draft resolution and agrees with all of the required conditions. Mr. Rawlings clarified that Island Cinemas also provides an outdoor dining patio where alcohol is served adjacent to the main theater lobby. The Zoning Administrator opened the public hearing. One member of the public, Jim Mosher, spoke on the proliferation of alcohol sales in theaters and inquired about the hours of operation since the staff report and draft resolution state an opening hour of 11:00 a.m., whereas the project description provided by the applicant states an opening hour of 10:00 a.m. He also requested clarification regarding the areas where alcohol is served since the staff report mentions two concession areas as well as food and beverage service in the theater whereas the applicant's project description mentions only one concession stand. Finally, Mr. Mosher asked why staff has indicated that the theater's seating limit is 680 seats, where the General Plan indicates that the theater seating limit is 1,700 seats. Ms. Nova responded to Mr. Mosher's inquiries and clarified that the correct opening hour is 11:00 a.m., which the applicant confirmed. Ms. Nova went on to explain that the original minor use permit approved in 2012 authorized one concession stand but that the minor use permit was amended in 2013 to allow two concession stands plus server service within the theater. Ms. Nova further noted that Island Cinemas underwent a renovation several years ago, where the existing seating configuration was updated with larger more luxurious seats and the overall seating count was reduced to 680 seats. The remaining seating intensity reflected in the General Plan was then transferred through a transfer of development rights to a different property in Statistical Area L1.Thus, the current seating limit is 680 seats for the theater. Seeing that no one else from the public wished to comment, the public hearing was closed. The Zoning Administrator noted that Island Cinemas has demonstrated they are a good operator since beer and wine service has been provided at this location for several years and approved the applicant's request to amend the existing minor use permit. Action: Approved ITEM NO. 3 Crocker's The Well Dressed Frank Minor Use Permit Amendment No. UP2016- 006 (PA2016-025) Site Location: 211 Marine Avenue, Unit B Council District 5 Chelsea Crager, Assistant Planner, provided a brief project description stating that the project is a minor use permit to expand an eating and drinking establishment, including beer and wine, on Balboa Island with no late hours. The original use permit for the restaurant was approved in 2010. The property is legal nonconforming with regard to parking, however does not require additional parking because the Code-required parking does not exceed 1 space per 250 square feet of gross floor area. The Police Department reviewed the application Page 2of5 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 04/14/2016 and recommended that pervious conditions of approval be included in the new use permit. Staff recommends approval of the use permit subject to conditions. The Zoning Administrator stated that Condition No.12 should be modified to state "Bar counters for the service of alcoholic beverages only shall be prohibited." The Zoning Administrator also noted that because the application is proposed to replace the existing use permit, language should be added to the resolution to note that the subject use permit supersedes the previous use permit. Applicant John De Frenza of Crocker's the Well Dressed Frank, stated that he would like clarification that Condition No. 40 referred to the California Building Code. The Zoning Administrator noted that the condition would reflect this clarification. Mr. De Frenza thanked staff. The Zoning Administrator opened the public hearing. Seeing that no one from the public wished to comment the public hearing was closed. Mr. De Frenza inquired about non-amplified musicians playing at the establishment. Principal Planner Jim Campbell stated that it would likely require a live entertainment permit and clarified that a recommended condition of approval prohibited live entertainment and dancing. The Zoning Administrator noted that a special event may be permitted with approval of a special event permit through the Recreation Department. Action: Approved ITEM NO.4 Green Element 365 Juice Bar Minor Use Permit No. UP2016-010 (PA2016-040) Site Location: 609 East Balboa Boulevard Council District 1 Assistant Planner Chelsea Crager, on behalf of Ben Zdeba, Associate Planner, provided a brief project description stating that the application is for a juice bar, which is considered a take-out service, limited eating and drinking establishment, to operate in a 920-square-foot commercial space in a mixed-use zone. Ms. Crager noted the hours of operation would not extend beyond 11:00 p.m. and, therefore, would not be considered late hours. She further stated that although no seats are proposed, staff included a condition of approval to limit the maximum number of seats to six (6)consistent with the take-out service, limited land use standards. She indicated the property is located within the Balboa Village Parking Management Overlay District and, thus, the new use would not require any additional parking. Applicant Ebi Ahoobim, stated that he had reviewed the draft resolution and agrees with all of the required conditions. 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 expressed agreement with staff's recommendation and approved the item as submitted. Action: Approved ITEM NO. 5 Villas Fashion Island Tentative Parcel Map No. NP2016-003 (PA2015-220) Site Location: 1101 San Joaquin Hills Road Council District 5 Principal Planner Jim Campbell, on behalf of Ben Zdeba, Associate Planner, provided a brief description stating that the project is a tentative parcel map to create four parcels out of one 18.29-acre parcel along San Joaquin Hills Road, east of Jamboree Road. He noted the project site is currently under construction for residential uses consistent with the General Plan Land Use Element and Planned Community Development Plan and that the Tentative Parcel Map is being proposed for financing purposes. He also noted the Tentative Parcel Map does not authorize any additional development. Page 3 of 5 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 04/14/2016 Applicant Oriana Slasor of Fuscoe Engineering, on behalf of Irvine Company, stated that she had reviewed the draft resolution and agrees with all of the required conditions. In response to Jim Mosher's written comments, Mr. Campbell stated that the legal description referenced in the Tentative Parcel Mapping document is correct. He agreed "SECTION 3" should be added to the Resolution. In reference to the comments regarding entitlement for the development known as San Joaquin Apartments, Mr. Campbell stated that the application at hand is not pertinent as it is a division of land for financing purposes, and that the project was already entitled. He further noted that no additional entitlement was being created as a result of the Tentative Parcel Map. The Zoning Administrator opened the public hearing. Jim Mosher noted a discrepancy between the property owner's proper name of "The Irvine Company' or "Irvine Company"and expressed confusion with regard to the use of both. He added that the legal description in the draft resolution is grammatically incorrect. He commented on the lack of clarity with regard to how the 524 residential units were entitled. Lastly, he requested clarification on the pedestrian easement along San Joaquin Hills Road discussed in the staff report. Seeing no others wished to comment, Zoning Administrator Wisneski closed the public hearing. She expressed the belief that Mr. Campbell adequately addressed each of the comments made by Mr. Mosher and approved the Tentative Parcel Map with minor clean up changes to the Resolution. Action: Approved ITEM NO. 6 Villas Fashion Island Sign Modification Permit No. MD2016-004(PA2016-030) Site Location: 1101 San Joaquin Hills Road Council District 5 Principal Planner Jim Campbell, on behalf of Ben Zdeba, Associate Planner, provided a brief description stating that the project is a Modification Permit for signage along San Joaquin Hills Road for the Villas Fashion Island project, which is currently under construction. He noted the limitations in place by the Planned Community Development Plan and stated the requested deviations of one additional larger project identification sign and one additional larger leasing directional sign. He described the condition of a larger divided right-of-way with higher speeds and indicated the increased signage sizes were in scale with the overall project. Also, given the longer frontage and limited amount of signage on that frontage, he indicated staff's support of the application. Applicant Paul Shaver of CAA Planning, Inc., on behalf of Irvine Company, stated that he had reviewed the draft resolution and agrees with all of the required conditions. The Zoning Administrator opened the public hearing. Jim Mosher questioned as to why the Planned Community Development Plan, which was last amended in 2012 when Irvine Company had the 524 units entitled, does not adequately address the signage of the development. He also expressed confusion regarding the location of the leasing directional signs as the draft resolution indicates both the leasing directional signs and project identification signs are near the main entry off of San Joaquin Hills Road. Lastly, he questioned whether or not this approval is eliminating any other signage allowances for the project as provided in the Planned Community Development Plan. Principal Planner Jim Campbell suggested revised language for Finding B-1 to clarify the location of the leasing directional signs. With regard to other signs allowed in the Planned Community Development Plan, Mr. Campbell stated the other sign allowances would remain and further noted that the Modification Permit is an appropriate method for altering the signage allowances as proposed. Page 4 of 5 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 04/14/2016 Zoning Administrator Wisneski agreed with the revised language proposed by Mr. Campbell for Finding B-1 and approved the project as submitted. Action: Approved D. PUBLIC COMMENTS ON NON-AGENDA ITEMS Jim Mosher commented that the General Plan consistency with items at this hearing and other projects in the North Newport Center is relevant to the Zoning Administrator hearing. He noted that the Annual Review of the North Newport Center Development Agreement will be reviewed at the next Zoning Administrator hearing on April 28, 2016. Mr. Mosher then asked for clarification whether the General Plan amendments and status of the General Plan in Newport Center, which includes the green light on 79 units, will be discussed at the upcoming City Council meeting of April 26, 2016, which was listed on the tentative agenda. He stated that at the last Planning Commission meeting, Director Brandt was uncertain if this would be on the agenda for the next City Council meeting. Zoning Administrator Wisneski confirmed that as of today, there will be a discussion of the Newport Center General Plan amendments at the April 26, 2016, City Council meeting and clarified that there will not be a discussion involving the 79 units. She further noted that the tentative agenda items could change until the final agenda is released. E. ADJOURNMENT The hearing was adjourned at 4:20 p.m. The agenda for the Zoning Administrator Hearing was posted on April 7, 2016, at 10:30 a.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 April 7, 2016, at 10:35 a.m. atrick J. Alford Zoning Administrator Page 5 of 5