HomeMy WebLinkAbout04-28-2016_ZA_Minutes NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 04/28/2016
NEWPORT BEACH ZONING ADMINISTRATOR MINUTES
100 Civic Center Drive, Newport Beach
Corona del Mar Conference Room (Bay E-1st Floor)
Thursday, April 28, 2016
REGULAR HEARING
3:30 p.m.
A. CALL TO ORDER—The meeting was called to order at 3:30 p.m.
Staff Present: Patrick J. Alford, Zoning Administrator
Jim Campbell, Principal Planner
Jason Van Patten, Assistant Planner
Chelsea Crager,Assistant Planner
B. APPROVAL OF MINUTES
1. Minutes of March 24, 2016
Action: Approved
2. Minutes of April 14, 2016
Mr. Jim Mosher requested that his public comment on Item No. 1 regarding Municipal Code Section
20.48.030(C)(4)(a) be revised. The Zoning Administrator agreed to amend the draft minutes.
Action: Approved as Amended
C. PUBLIC HEARING ITEMS
At this juncture of the meeting, a request for a continuance of Item No. 6 was heard.
ITEM NO. 1 710 Goldenrod Avenue Tentative Parcel Map No. NP2016-004 (PA2016-036)
Site Location: 710 Goldenrod Avenue Council District 6
Chelsea Crager, Assistant Planner, provided a brief project description stating that the project is a tentative
parcel map for two-unit condominium purposes that would allow each unit to be sold individually. The new
condo project would conform to current Municipal Code and Title 19 standards and requirements, including
the assessment of a park fee for the addition of one unit. Staff recommends approval of the project subject to
conditions.
Applicant Scott of Apex Land Surveying 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.
Action: Approved
ITEM NO. 2 601 Iris Avenue Tentative Parcel Map No. NP2016-005 (PA2016-037)
Site Location: 601 and 601 1/2 Iris Avenue Council District 6
Chelsea Crager, Assistant Planner, provided a brief project description stating that the project is a tentative
parcel map for two-unit condominium purposes that would allow each unit to be sold individually. The new
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NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 04/28/2016
condo project would conform to current Municipal Code and Title 19 standards and requirements, including
Council Policy L-2. Staff recommends approval of the project subject to conditions.
The Zoning Administrator inquired about Council Policy L-2 to which Ms. Crager clarified that the policy deals
with driveway access on a street when alley access is available. The Zoning Administrator confirmed that the
project has access from Third Avenue and asked if the current development has alley access. Ms. Crager
stated she did not know if the previous development had alley access.
Applicant Scott of Apex Land Surveying was present. The Zoning Administrator asked if the project would
have access from Third Avenue and from the alley. The property owner, Matthew Watson of ADG
Investments, answered that the existing development did not have access from the alley, and the proposed
development will have two spaces accessible from Third Avenue and three spaces accessible from the alley.
The Zoning Administrator confirmed that the development was consistent with Council Policy L-2.
Applicant Scott of Apex Land Surveying, on behalf of the Owner Matthew Watson of ADG Investments,
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.
Action: Approved
ITEM NO. 3 19 Lochmoor Lane Lot Line Adjustment No. LA2015-008 (PA2015-223)
Site Location: 19 Lochmoor Lane and 1 Big Canyon Drive Council District 5
Jason Van Patten, Assistant Planner, provided a brief project description stating that the request was for a lot
line adjustment. He indicated that the proposal would shift the rear lot line at 19 Lochmoor Lane south to
accommodate existing improvements that currently cross the property line. He noted that 522 square feet
would be reallocated from the Big Canyon Drive Parcel to the Lochmoor Lane parcel. He stated there would
be no change in density or intensity, no change in access to either property, and the number of parcels would
remain the same.
The Zoning Administrator asked for a description of the improvements that crossed the property line.
Mr. Van Patten indicated that the improvements involved hardscape and a fence. He noted they were minor
accessory structures.
Applicant Rhonda Kreger, on behalf of the property owner, confirmed Mr. Van Patten's description. She
further stated that she 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.
The Zoning Administrator suggested that Condition No. 3 specify the lot line adjustment exhibits be submitted
to Public Works.
Mr.Van Patten indicated language would be added to the resolution.
Action: Approved
ITEM NO.4 Araiya Thai Massage Minor Use Permit No. UP2016-009 (PA2016-038)
Site Location: 333 Old Newport Boulevard, Suite A Council District 2
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NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 04/28/2016
Jason Van Patten, Assistant Planner, provided a brief project description stating that the request was for a
minor use permit for an independent massage establishment. He stated that the business would be located
in a multi-tenant building, consist of three rooms for massage, be limited to a maximum of three massage
therapists at one time, and operate between 10 a.m. and 9 p.m., daily. He noted that the applicant was
requesting a waiver of location restrictions due to an existing massage therapist located approximately 400
feet from the premises. Mr. Van Patten noted that the recommended parking requirement was one space per
250 square feet based on the limits on the number of staff at one time and number of rooms for massage. He
noted that the applicant was required to obtain an Operator's License Permit from the Police Department and
that all massage therapists were required to be certified by the California Massage Therapy Council. Mr. Van
Patten indicated at the conclusion of his presentation that certification was recommended as an additional
condition of approval. He indicated that the waiver of location restrictions was appropriate given the property
would be located in a managed building and was not in a blighted area.
The Zoning Administrator suggested additional language to Condition No. 8 specifying massage services is
limited to three rooms as depicted on the approved floor plans.
Applicant Suwanna Laroque of Araiya Thai Massage stated that she had reviewed the draft resolution and
agrees with all of the required conditions. She stated she understood the revisions to the conditions of
approval.
The Zoning Administrator opened the public hearing. Seeing that no one from the public wished to comment
the public hearing was closed.
Action: Approved
ITEM NO. 5 Forte Kabob Minor Use Permit No. UP2016-011 (PA2016-043)
Site Location: 2233 W. Balboa Boulevard, Suite 103 Council District 1
Jason Van Patten, Assistant Planner, provided a brief project description stating that the request was for a
minor use permit for a new take-out service limited eating and drinking establishment. He stated the
establishment would be located in a mixed-use building, serve Mediterranean food, and close by 11 p.m. He
stated the proposal included a maximum of six seats, consistent with the Zoning Code. He added that the
use did not result in an intensification of parking from the previous retail use.
Applicant Chuck Woo, on behalf of the tenant, and AJ Satari, on behalf of Forte Kebob, stated that they 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.
Action: Approved
ITEM NO. 6 Annual Review of Development Agreement-North Newport Center(PA2009-023)
Site Location: Fashion Island; Block 100, Block 400, Block 500, Block 600, and
Block 800 of Newport Center Drive; and San Joaquin Plaza Council District 5
Jim Campbell, Principal Planner, on behalf of Ben Zdeba, Associate Planner, requested a continuance of this
item per the applicant's request. The continuance was requested to the May 12, 2016, Zoning Administrator
Hearing.
The Zoning Administrator inquired if there was anyone at the hearing representing the project. Mr. Campbell
stated there was not and that he had an email from Shawna Schaffner of CAA Planning, Inc. who represents
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Irvine Company, the applicant. He further questioned if there was a date certain for this continuance request
to which Mr. Campbell clarified the request was for a continuance to the May 12, 2016, Zoning Administrator
hearing.
Action: Continued to May 12, 2016
ITEM NO. 7 City of Newport Beach Community Recreation Facility Minor Use Permit No.
UP2016-013 (PA2016-048)
Site Location: 868-870 West 16t" Street Council District 2
Chelsea Crager, Assistant Planner, on behalf of Ben Zdeba, Associate Planner, provided a brief description
of the project stating that the project is a request for a large health and fitness facility to be used for
community recreation classes within the Industrial (IG) Zoning District. She noted the tenant space is
approximately 5,000 square feet with a lobby, conference room, offices, restrooms and two larger open "flex"
spaces. She described the surrounding businesses and referenced conditions of approval related to the
hours of operation, the amount of classes held per day as well as the amount of participants per class as
operational conditions to help ensure compatibility with those surrounding businesses. She stated there will
be sufficient parking to serve the use with a ratio of one parking space for each 200 square feet of gross floor
area consistent with the condition of approval to stripe two additional parking spaces within the parking area.
Zoning Administrator Alford noted Ms. Crager was not the assigned planner for this project, but questioned
whether or not she was aware of any discussion regarding the adjacent industrial uses. She noted the staff
report indicated the use would not compromise the character or tenant mixture of the industrial area. Zoning
Administrator Alford appreciated the information and expressed concern regarding the adjacency to Hixson
Metal Finishing. He requested the applicant provide a description of the day-to-day operation with respect to
how long participants would be on-site. Mr. Sean Levin, Deputy Recreation and Senior Services Director of
the City of Newport Beach, noted the typical class will run anywhere from 40 minutes to 60 minutes,
maximum. He further noted that staff would not be there all day and clarified they would only be on-site when
classes are occurring. Zoning Administrator Alford questioned whether or not this is more of a temporary
facility than a permanent facility. Mr. Levin stated the intent of this is more of a temporary facility until the
permanent West Newport Community Center is constructed.
Zoning Administrator Alford stated he researched the adjacency to Hixson Metal Finishing prior to the hearing
and found that Hixson had taken steps to mitigate any hazard and is working with the Air Quality
Management District(AQMD)to abate those hazards. He added that the health threats caused by Hixson are
for more long-term exposure; therefore, the anticipated short-term use of the facility and short-duration use of
the facility throughout the day by participants and staff eases the concern and upholds the finding regarding
public safety and health.
Mr. Levin 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 Alford approved the project as submitted.
Action: Approved
D. PUBLIC COMMENTS ON NON-AGENDA ITEMS
None.
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NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 04/28/2016
E. ADJOURNMENT
The hearing was adjourned at 3:55 p.m.
The agenda for the Zoning Administrator Hearing was posted on April 21, 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 21, 2016, at 10:15 a.m.
Patrick J. Alford
Zoning Administrator
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